Terms of Use

Last Updated: August 11, 2026

Welcome to Guildara!, a marketplace and scheduling software for activities and adventures for all ages. We are so glad you’re here. Make yourself comfortable and enjoy this digital space, but please follow our Guildara Rules.

IMPORTANT: THESE TERMS INCLUDE A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER.

1. Accepting these Terms

This document and the other documents that we reference below make up our platform rules, or what we officially call our Terms of Use (the “Terms” for short).

THE TERMS ARE A BINDING LEGAL AGREEMENT BETWEEN YOU AND GUILDARA THAT GOVERN YOUR USE OF THE WEBSITES, APPLICATIONS, AND OTHER OFFERINGS FROM GUILDARA (we’ll refer to all of these collectively as our “Services” or the “Platform”). When used in these Terms, “we,” “us,” or “our” refers to MSB Technologies, Inc., d/b/a Guildara

By using any aspect of our Services (even just browsing one of our websites), you’re agreeing to be bound by the Terms, below, and our Privacy Policy. If you don’t agree with the Terms or our Privacy Policy you may not use our Services. Agree with us? Great, read on!

2. Rules for using Guildara

Our Services connect community members to publish, offer, register for, and share educational opportunities for children ages 0-18 in their local area. If you use any of our Services, you agree to these Terms and our Privacy Policy.

These terms contain some specific rules that are relevant for you, depending on how you use Guildara’s Services:

Our Guildara Rules for Families. If you use our Services to browse or register for educational opportunities for your children, these policies apply to you.

Our Guildara Rules for Providers. If you are an organization that publishes and accepts registrations for educational opportunities through our Services, these policies apply to you.

Eligibility for Use of Guildara

You must be at least 18 years old to use Guildara. Minors may use the Platform only under the supervision of a parent or legal guardian who is at least 18 years old. In all cases, the adult would be the user and is responsible for any and all activity by his or her self, and any minor using his or her account. Any Guildara use or access by someone under the age of 13 is prohibited and in violation of this Agreement .

By using the Platform, you represent that:

You meet all eligibility requirements outlined in these Terms
Your use complies with applicable laws and these Terms.

We reserve the right to restrict access at our discretion, for any reason. We reserve the right to amend our eligibility terms.

You can only use Guildara to the extent the laws of your jurisdiction or the United States do not bar you from doing so. Please make sure these Terms are in compliance with all laws, rules, and regulations that apply to you.

Rules for Families

Guildara is a marketplace that offers you the opportunity to find and register for educational services in your local community for your children. We want to make sure that you and your children have a safe, positive experience on Guildara. Please read on to find out more about your rights, as well as what is expected of you, as a Family.

a. What can be found on Guildara

Guildara offers parents, grandparents, and any other adult serving as a legal guardian (“Families”) the tool to be a hero in their child’s life. Families can browse and register for an incredible catalog of safe, high-quality classes, camps, activities and other forms of educational services (collectively, “Programming”) offered by community educators in your local area (“Providers”). Our marketplace helps to facilitate paying Providers for these services yourself, access scholarship funding from our collaboration with a separate 501(c)(3) nonprofit organization, The Village Project, or in some cases, both!

b. Browsing

You can browse for Programs by using criteria like the type of Program, age range, and Listing dates. You can also browse an individual Provider’s offerings by navigating directly to their Guildara Provider Page via your Community's Provider Directory, clicking the link in one of their Programs, or a direct link advertised by the Provider.

c. Registering

When you register for a Listing, you are agreeing to pay the registration fee displayed to you. When you receive the registration confirmation, a contract for Programming (“Registration”) is formed directly between you and the Provider. The cancellation policy and any other rules, standards, policies, or requirements identified in the Listing or during checkout form part of your contract with the Provider.

For the safety of our community, and to avoid scams and fraud, all transactions must take place through the Guildara checkout system.

d. Attending

Guildara will do its best to share information that makes it easier to attend programming you have registered for, but, like any product you purchase, it is ultimately up to you to take advantage of the offerings. Guildara is constantly testing new ways to ease the difficulties of Families getting their children to programming and we may offer you the opportunity to participate in these tests as they become available. However, there is no guarantee that these opportunities will be offered to you, nor that any opportunities will become available to you on a permanent basis.

e. Reviews

Reviews are a great way to learn about a Provider’s programming, help good Providers build a strong reputation, or help warn other Families about an experience that could be improved.

You may be prompted to offer a review at various intervals after registering for a program.

f. Cancellations and Modifications

In general, if you as a Family cancel a Registration, the amount refunded to you is determined by the cancelation policy that applies to that reservation. If the Provider cancels, you may be eligible for a partial or full refund, within the discretion of the Provider and under the terms of the cancelation policy. Before booking an activity, it is your responsibility to read and understand the cancelation policy, and the cancelation policy of the relevant provider.

Families and Providers are responsible for any registration modifications they agree to make via the Guildara Platform or direct Guildara customer service to make on their behalf (“Registration Modifications”).

g. Your Responsibilities and Assumption of Risk

You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of your children attending the Registration, or any child participating in an Activity due to a Registration associated with your account. In general, this means you are expected to act with integrity, and with respect for others.

You acknowledge that placing your child in the direct care and supervision of anyone other than yourself carries with it inherent risks, and that you assume the entirety of any risks arising out of your use of the Guildara Platform to access educational services. This means that ultimately it is your responsibility to investigate Programming to determine if it is a suitable fit for you and your children, and any child participating in an Activity due to a Registration associated with your account. By Registering for any Program you freely and willfully assume risks, including but not limited to:

Bodily Injury
Illness
Physical Harm
Death
Property damage

You voluntarily assume these risks for yourself and any minors in your care, or any minors registered for an Activity using your account.

Rules for Providers

Guildara is a marketplace that offers you the opportunity to share your educational services with families in your local community - and earn money doing it, from both families and our collaboration with 501(c)(3) nonprofit organization, The Village Project. We want to make sure that you and your customers have a positive experience on Guildara. Please read on to find out more about your rights, as well as what is expected of you, as a Provider.

Providing Basics

a. What can be offered on Guildara

Guildara is a marketplace for Families to find and register for classes, camps, activities and other forms of services (collectively, “Programming”) that provide children ages 0-18 with specific learning outcomes (each set of learning outcomes is a “Program”). Programming is primarily conducted in-person, and always restricted to families in the local community that the Provider is a member of.

b. Who can offer Programming on Guildara

Registered business entities (each one a “Provider”) can share their Programs and Listings on Guildara by completing our Provider account creation process. As a Provider, you represent, warrant, and covenant the following (“Provider Basic Requirements”):

You will offer Activities, and utilize our Platform, in compliance with both Guildara’s Terms and Privacy Policy
You will comply with all applicable laws and regulations, related to operations and licensure
Your employees must comply with all applicable laws during provision of any Program or Activity

c. How Providers can offer Programming on Guildara

Providers offer their services to Families through 3 key elements of their presence in the Guildara platform:

i. Provider Page. Every Provider has a public profile page that includes information about them such as their:

Name
Address
Contact information
Other online presences (website, Facebook page, etc.)
Cover photo

This page (your “Provider Page”) is the pivotal point in your relationship with Family users: You want to communicate quality and safety so that Families will feel they can trust you with their children. A Provider Page has a special section for displaying all of that Provider’s offerings, which you can read about below.

ii. Program Pages. Each individual class, camp, course and other activity that a Provider offers gets its own page in the Guildara platform (we call each one a “Program”). Importantly, a Program is separate from each offering of the Program. It is possible (and encouraged) for Providers to offer a Program repeatedly, enabling reviews to accumulate and you to refine your curriculum. Many Providers on Guildara choose to offer only one Program. You can read more below about how Guildara treats each offering of a Program. Each Program has a set of qualities you choose such as its required registration questions, its age range, and its price.

iii. Listings.

Each individual offering of a Program is a “Listing.” Listings may be one-day events, or a collection of multiple classes over a period of time (each instance an “Event”).

d. How Registrations work on Guildara

i. Contracting with Families. When a Family decides they want to attend a Listing of your Program, they will answer any questions you have required, then submit a registration request. Each registration request is automatically accepted by the Provider if there is an open spot that the Family’s child qualifies for. If there are no remaining spots in your Listing, Families will be directed to register for another listing of that Program, or they can join a waitlist, where available.

When you receive a registration confirmation through the Guildara Platform, you are entering into a contract directly with the Family, and are responsible for delivering your Program under the terms and at the price specified in your Listing. You are also agreeing to pay the applicable 2.9% + $.30 per charge fee for each Registration you receive. Guildara will deduct this amount from your payout. Any terms, policies or conditions that you include in any supplemental contract with Families (such as a Program Handbook) must: (i) be consistent with these Provider Terms, and the information provided in your Listing, and (ii) be included in that Program’s registration questions.

ii. Relationship with Guildara. Your relationship with Guildara is that of an independent individual or entity and not an employee, agent, joint venturer, or partner of Guildara, except that Guildara acts as a payment collection agent. Guildara does not direct or control your Programs, and you agree that you have complete discretion whether and when to offer Listings.

iii. Grant of Information. By signing up as a Provider on Guildara and participating in our Marketplace, you agree to provide, and you grant us a non-exclusive, perpetual, irrevocable right and license to use, modify, or otherwise exploit in any manner, any and all of your Customer Information, from any source derived. This grant of information applies even if your relationship with Guildara has terminated.

iv. Avoid Conflicts of Interest. To avoid conflicts of interest related to The Village Project’s scholarship program, you may not apply for The Village Project scholarships for your own family members to participate in your Programs, nor may you redeem scholarships to which you have applied to gauge Family interest in your Programs.

e. Account Access

Provider accounts are only accessible as a signed-in user (when a user has permission to access a Provider account we call it an “Instructor”). By default, the user that creates the Provider account will be its Instructor. As an Instructor, you are acting on the behalf of the organization with the Provider account.

Being a member of the Guildara Community

At Guildara, everyone is expected to treat fellow members of the Guildara community with respect. As a Provider, you have additional responsibilities to safeguard personal information and conduct safe, high-quality services to provide a great customer experience for Families, and most importantly, their children.

f. Privacy and Protecting Personal Information

You are responsible for protecting members’ personal information you receive or process, and you must comply with all relevant legal requirements. This includes applicable data protection and privacy laws that govern the ways in which you can use Guildara user information. These laws may require that you post and comply with your own privacy policy, which must be accessible to Guildara users with whom you interact. Your privacy policy must be compatible with Guildara’s Terms of Use and Privacy Policy.

In particular, when you provide Programming using our Services (subject to this Policy) you may receive and use certain personal information, such as when communicating with and entering into transactions with Families. As a data controller (someone who decides what personal data is collected and the purpose you’ll use the data for), to the extent that you process a User’s personal information outside of the Services, you may be required under applicable data protection and privacy laws to honor requests received from such Users for data access, portability, correction, deletion, and objections to processing.

If you disclose personal information without the user’s proper consent, you are responsible for that unauthorized disclosure. This includes, but is not limited to, both disclosures you make and unintentional data breaches. For example, you may receive a Family’s email address or other information by entering into a transaction with that User. Any information received from your use of our Services may only be used for Guildara-related communications or for Guildara-facilitated transactions. You may not use this information for unsolicited commercial messages or unauthorized transactions. You may not add any Guildara member to your email or physical mailing list, use that user’s identity for marketing, or obtain or retain any payment information. Please bear in mind that you're responsible for knowing the standard of consent required in any given instance.

If Guildara and you are found to be joint data controllers of personal information, and if Guildara is sued, fined, or otherwise incurs expenses because of something that you did in your capacity as a joint data controller of a user’s personal information, you agree to indemnify Guildara for the expenses it occurs in connection with your processing or use of user personal information.

g. Cancellation and Modifications

In general, if a Family cancels a Registration, the amount refunded to you is determined by the cancelation policy that applies to that reservation.

h. Your Responsibilities

You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of any Guildara users you allow to access your Provider account as an Instructor, and any staff you allow to participate in providing your Programs. You are responsible for setting your price and establishing rules and requirements for your Listing. You must describe any and all fees and charges in your Listing description and may not collect any additional fees or charges outside the Guildara Platform. This is not an exclusive agreement. While we would hope that Providers find such value in Guildara that they elect to use it for all of their registrations, you are not bound by this agreement to do so. However, if you use your Guildara Provider, Program, or Listing pages to promote your services you agree that you will also use Guildara to conduct the registration process. By using our Services, you also agree to provide the required information under section d(iii), above.

i. Assumption of Risk

You acknowledge that being a Provider carries inherent risks and agree that you assume the any and all risks arising out of or associated with your access to and use of the Guildara Platform, your offering of Programs, and/or any interaction you have with Families, whether in person or online. You agree that you have had the opportunity to investigate Guildara’s Platform and Services, and any laws, rules, regulations, or obligations that may be applicable to your Listings and Programs. You also agree that you are not relying upon any statement of law made by Guildara, or any written or oral statement made by Guildara outside these Terms.

j. Subscriptions and Pricing

i. When you register as a Provider on Guildara, you may choose a subscription plan or utilize our pay-as-you-go plan. Pricing details can be found here. Processing and platform fees are retained for all payout transactions and are non-refundable, even when the customer is issued a refund. Fees are calculated in cents and rounded to the nearest cent: Guildara may also offer promotional plans from time to time. Details can be found here.

ii. Additional Details Regarding Subscription Plans:

A. Guildara’s recurring subscriptions are charged on a monthly or annual basis, depending on the subscription plan you choose. Your subscription becomes active as of the successful charge timestamp. Your subscription will then continue and automatically renew until it’s cancelled.

B. You may cancel your subscription at any time. While you can submit your request to cancel at any time, Guildara does not offer any prorated refunds for a partial month or year service. You will continue to have access to Guildara, and your subscription will remain active, until the end of the billing cycle in which you cancel. After the end of your billing cycle, your account will automatically transfer to our pay-as-you-go plan, Once your account has transferred to the pay-as-you-go plan, the applicable platform fee applies to installments paid after the plan transfer date. Fees are calculated in cents and rounded to the nearest cent.

C. The subscription plan requires you to add one or more credit or debit cards to your account. You may edit your card information, but may not delete it. However, all of your payment methods are automatically deleted when your subscription plan is cancelled. If the card you indicate as your primary payment method is ever declined or is no longer available to us to collect payment, you authorize us to charge any credit or debit card associated with your account. You will always remain obligated to pay any uncollected fees.

D. Guildara will send you a reminder email at least 7 days before your renewal date. We will also send you a confirmation email, with receipt, after your credit or debit card has been charged. If your subscription charge fails, we will attempt to charge your payment method again every 48 hours, or as soon as you update your card payment method. If your subscription charge fails, your subscription will remain active for 7 days from the date of the first failed attempt. If your card is not updated within that grace period, your subscription will be cancelled, and your account will transfer to the pay-as-you-go plan as stated above.

iv. Guildara reserves the right to change any plan fees, at any time, and will provide Providers with notice of any fee changes at least 30 days before they become effective.

v. If you wish to submit a cancellation request, or if your business is experiencing a financial hardship and you have questions about ways to save on your Guildara subscription, please contact our team at hello@guildara.com to discuss options that may be available to you.

Feedback

j. Reviews

Reviews are a great way for you to build a strong reputation on Guildara. Families may be prompted to offer a review at various intervals after registering for one of your programs. When leaving a review, Families will know where that review will be shared, if it will be anonymous, and if they can elect to have it removed.

On the rare occasion you receive an unfavorable review, you can reach out to Guildara Support and we will assist you.

3. Extracurricular Activity Promotion Policy

Guildara aims to help families find and register for high-quality extracurricular activities that align with our brand values. We supply an online registration tool for individuals, businesses, and nonprofit organizations (“Providers”) to offer extracurricular activities for any age. We review the activities Providers list on our platform, and determine which activities we want to promote to families via our website and/or our social media channels and/or our email newsletter. We reserve the right to start or stop promoting any activity listed on Guildara, unless the Provider has asked us not to promote their activity. This determination of which activities we promote is made based on 4 criteria:

Relevance: Does the activity align with the interests and needs of families seeking extracurricular activities?
Quality: Would we send our own child to this activity?
Inclusivity: Is the activity inclusive and accessible to a diverse range of participants?
Mission-alignment: Does promoting this activity serve our mission to improve the global public’s perception of extracurricular activities as a good?

Any decision we make to promote an activity is not an endorsement of the safety of the activity, nor an endorsement of the individual, business or nonprofit organization providing the activity.

Any family that chooses to participate in any Activity listed on Guildara, regardless of whether we promoted the activity, is entering into a separate agreement with the individual, business or nonprofit organization providing the activity. This means that ultimately it is the family’s responsibility to investigate each activity to determine whether it is a suitable fit for themselves and/or their child/children, and that if they choose to participate, they freely and willfully assume the entirety of any and all associated risks, including, but not limited to:

Bodily Injury
Illness
Physical Harm
Death
Property damage

4. Your Account with Guildara

You’ll need to create an account with Guildara to use some of our Services. Here are a few rules about accounts with Guildara:

a. You must be 18 years or older to use our Services

Minors under 18 years of age are only permitted to use our Services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. You are responsible for any and all account activity conducted by a minor on your account.

b. Be honest with us

Provide accurate information about yourself. It’s prohibited to use false information or impersonate another person or company through your account.

c. Choose an appropriate name

If you decide to not have your full name serve as the name associated with your account, you may not use language that is offensive, vulgar, infringes someone’s intellectual property rights, or otherwise violates the Terms.

d. You're responsible for your account

You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose financial information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.

e. Protect your password

As we mentioned above, you’re solely responsible for any activity on your account, so it’s important to keep your account password secure.

f. Let's be clear about our relationship

These Terms don't create any agency, partnership, joint venture, employment, or franchisee relationship between you and Guildara.

g. Account Assistance

Guildara may access or temporarily assume access to user accounts for customer support, troubleshooting, security, or operational purposes, including but not limited to routine maintenance of your account. Where possible, Guildara will provide advance notice prior to accessing your account.

5. Your Content

Content that you post using our Services is your content (we’ll refer to it as “Your Content”). We don’t make any claim to Your Content, which includes anything you post using our Services (like Provider names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, etc.).

a. Responsibility for Your Content

You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it.

b. Permission to Use Your Content

By posting Your Content through our Services, you grant Guildara a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help Guildara function and grow. That way, we won’t infringe any rights you have in Your Content and we can help promote it.

c. Rights You Grant Guildara

By providing Your Content, in whatever form and through whatever means, you grant Guildara a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable and transferable license to copy, modify, prepare derivative works of, distribute, publish and otherwise exploit, Your Content, without limitation. If Your Content includes personal information, our Privacy Policy describes how we use that personal information. Where Guildara pays for the creation of content or facilitates its creation, Guildara will own that content, and Guildara reserves the right to provide additional terms and conditions at the time the content is created.

You are solely responsible for all of Your Content and warrant that you either own it or are authorized to grant Guildara the rights described in these Terms. You are responsible and liable if any of Your Content violates or infringes the intellectual property or privacy rights of any third party. If any of Your Content violates or infringes upon the intellectual property or privacy rights of any third party, and if Guildara is sued, fined, or otherwise incurs expenses because of a intellectual property or privacy violation associated with Your Content, you agree to indemnify Guildara for the expenses it occurs in connection with your intellectual property and/or privacy violation.

You agree that Guildara may make available services or automated tools to translate Your Content and that Your Content may be translated using such services or tools. Guildara does not guarantee the accuracy or quality of translations of Your Content and you are responsible for confirming the accuracy of such translations.

That sounds like a lot, but it’s necessary for us to keep Guildara going. Consider these examples: if you upload a photo or video of a listing on your Guildara Provider page, we have permission to display it to Families, and we can resize or enhance it so it looks good to a Family viewing it on their mobile device; if you post a description in English, we can translate it into French so a Family can learn about your programming; and if you post a great photo of your latest program, we can feature it– often along with your Provider name and picture– on our homepage, in one of our blogs, other social medias or even on a billboard to help promote your business and Guildara’s.

d. Reporting Unauthorized Content

Guildara has great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content from the Services. If Your Content is alleged to infringe another person’s or business’s intellectual property, we will take appropriate action, such as disabling it, if we receive proper notice, or terminating your account if you are found to be a repeat infringer. We’ll notify you if any of that happens.

e. Inappropriate, False, or Misleading Content

This should be common sense, but there are certain types of content we don’t want posted on Guildara’s Services (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of any part of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.

6. Your Use of Our Services

We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services—subject to the Terms and the following restrictions in particular:

a. Don’t Use Our Services to Break the Law

You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, or federal laws that may apply to you. For example, it’s your responsibility to obtain any permits or licenses that your business requires, and to meet applicable legal requirements in applicable jurisdiction(s). This includes the sale and delivery of your Programming. You may not engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against Guildara, another Guildara user, or a third party.

b. Don’t Steal Our Stuff

You agree not to crawl, scrape, spider, deep-line, robot, or use any other automatic program, device, methodology, algorithm, or any similar manual process, to acquire, access, or monitor any page of the Services or to reverse engineer or attempt to obtain the source code of the Services.

c. Don’t Try to Harm Our Systems

You agree not to interfere with or try to disrupt our Services, including, but not limited to, by distributing a virus or other harmful computer code.

You may not scan or probe to test any vulnerability of the Services, nor breach or attempt to breach security or authentication methods on the Services. You may not trace nor attempt to trace any information associated with any other user of or visitor to the Services. This prohibition shall include any Guildara account not owned by you, or any exploitation of the Services offered by or through Guildara, in an any way, with the intent to reveal any information, including but not limited to personal information or identification other than your own.

d. Follow Our Trademark Policy

The Guildara marks, phrases, logos, and designs that we use in connection with our Services (the Guildara Trademarks), are trademarks, service marks, or trade dress of Guildara or The Village Project, Inc. in the US. If you’d like to use our trademarks, please email our marketing team at hello@guildara.com. To the extent that we approve any use of our trademarks by you, such use shall be specifically limited to the use agreed upon by us, and subject to additional terms, within Guildara’s sole discretion.

e. Share Your Ideas

We love your suggestions and ideas! They can help us improve your experience and our Services. Any unsolicited ideas or other materials you submit to Guildara (not including Your Content or programming you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

f. Use of the Site

You may not gain, or attempt to gain, unauthorized access to any feature of the Services or Platform, or to any service offered through the Platform by password mining, hacking, or any other illegitimate method.

7. Termination

a. Termination By You

We'd hate to see you go, but you may terminate your account with Guildara at any time. Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination, and you’ll still have to pay any outstanding bills.

b. Termination By Guildara

We may terminate or suspend your account (and any accounts Guildara determines are related to your account) and your access to the Services should we have reason to believe you, Your Content, or your use of the Services violate our Terms. Generally, Guildara will notify you that your account has been terminated or suspended, unless you’ve repeatedly violated our Terms or we have legal or regulatory reasons preventing us from notifying you.

If you or Guildara terminate your account, you may lose any information associated with your account, including Your Content.

c. We May Discontinue the Services

Guildara reserves the right to change, suspend, or discontinue any of the Services for you, any or all users, at any time, for any reason, including those laid out in Guildara’s policies under these Terms of Use. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.

d. Survival

The Terms will remain in effect even after your access to our Services is terminated, or your use of the Services ends.

8. Warranties and Limitation of Liability (or the Things You Can’t Sue Us For)

a. Warranties

THE SERVICES AND PLATFORM ARE PROVIDED “AS IS” AND “AS AVAILABLE.” SIMILARLY, THE AVAILABILITY OF ALL ACTIVITIES ARE ON AN “AS IS” AND “AS AVAILABLE” BASIS.

TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE PLATFORM, AND ALL ACTIVITIES, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO:

FITNESS FOR A PARTICULAR PURPOSE
IMPLIED WARRANTIES OF MERCHANTABILITY
NON-INFRINGEMENT

NO ORAL OR WRITTEN COMMUNICATION FROM GUILDARA, OR THROUGH THE PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

GUILDARA DOES NOT WARRANT THAT INFORMATION PROVIDED ON THE PLATFORM WILL BE ACCURATE, RELIABLE, OR CORRECT, NOR THAT ANY DEFECTS OR ERRORS ON THE PLATFORM WILL BE PROMPTLY CORRECTED.

GUILDARA DOES NOT WARRANT THAT ACTIVITIES OR THE PLATFORM WILL:

MEET YOUR REQUIREMENTS
BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE
BE FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, PARTICIPATION IN ACTIVITIES MADE AVAILABLE BY USE OF GUILDARA’S PLATFORM, AND ANY AND ALL USE OF OUR PLATFORM, IS AT YOUR OWN, AND SOLE, RISK. ANY INFORMATION OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE PLATFORM IS DOWNLOADED AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE PLATFORM.

GUILDARA DISCLAIMS ANY RESPONSIBILITY ASSOCIATED WITH PROVIDER PERFORMANCE, OUTCOME OF ANY ACTIVITY, AND INTERACTIONS WITH ANY USER OF THE PLATFORM. IN NO EVENT SHALL GUILDARA BE LIABLE FOR ANY ACT, ERROR, OR OMISSION BY ANY PROVIDER OR OTHER THIRD PARTY, INCLUDING ANY ACT, ERROR, OR OMISSION ASSOCIATED WITH YOUR OR YOUR CHILD’S ATTENDANCE AT AN ACTIVITY MADE AVAILABLE BY THE PLATFORM, OR PERFORMANCE OR NON-PERFORMANCE OF ANY PROVIDER USING THE PLATFORM.

In the event of a dispute between you and a Provider or other user of the Platform, to the fullest extent permitted by law, you agree to release Guildara, and its officers, directors, representatives, agents, employees, counsel, consultants, and any other personnel, from any and all claims, demands, or damages (both actual or consequential) of any kind, known and unknown, arising out of or connected with such disputes. Guildara expressly disclaims any liability arising between you and a Provider.

In no event will Guildara be liable for any special, incidental, indirect, or consequential damages whatsoever arising from your access or use of, or inability to access or use, our Services, including our website.

In no event will Guildara be liable for any damages whatsoever arising in any way from any act or omission by any other person including, without limitation, any content provided, or representation made, by any other person.

In no event will Guildara be liable for any damages whatsoever arising in any way from any product offered or sold by any marketplace seller or any representation made by any marketplace seller.

In any event, Guildara’s entire liability to you under any provision of this agreement or arising from the access or use of the site by you or any other user will be limited to the amount actually paid by you to the company pursuant to this agreement during the 12 months preceding the event giving rise to such liability.

b. Limitation of Liability

To the fullest extent permitted by applicable law:

Guildara, and any of its officers, directors, representatives, agents, employees, counsel, consultants, and any other personnel, shall not be liable for indirect, incidental, or consequential damages under any theory of liability, whether based in tort, contract or otherwise.
Total liability is limited to the greater of:
- $50, or
- Amount paid by you to Guildara in the last 3 months immediately preceding the event initially giving rise to the claim.

This limitation of liability shall apply regardless of Guildara’s knowledge of the possibility of the applicable damages, and regardless of whether the remedy fails its essential purpose.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER GUILDARA, NOR ITS OFFICERS, DIRECTORS, REPRESENTATIVES, AGENTS, EMPLOYEES, COUNSEL, CONSULTANTS, OR ANY OTHER PERSONNEL, SHALL BE LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY PROVIDER OR THIRD PARTY. ANY RISK OF HARM OR DAMAGE ASSOCIATED WITH THE SAME RESTS ENTIRELY WITH YOU

a. Programming You Register For

You understand that Guildara does not inspect or evaluate any of the Programming transacted through our Services. We provide the venue. The Programs in our marketplaces, and posted on our Services, are developed, listed, transacted, and conducted directly by independent sellers (the Providers), so Guildara cannot and does not make any warranty about their quality, safety, or even their legality. Any legal claim related to a program you register for must be brought directly against the provider of the program. You release Guildara from any claims related to registrations made through our Services, including, but not limited to, misrepresentations by Providers, or Programs that caused physical injury, bodily harm, illness, death, and/or property damage. You voluntarily assume these risks for yourself and any minors in your care, or any minors registered for an Activity using your account.

b. Content You Access

You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. Guildara is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by Users or Providers that you accessed through the Services. You release us from all liability relating to that content.

c. People You Interact With

You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially when meeting someone in person.

d. Third-Party Services

Guildara assumes no risk associated with and takes no responsibility for any content posted by you, or any other User or Provider.

Our Services may contain links to third-party websites or services that we don’t own or control (for example, links to a Provider’s website, Facebook, or Twitter). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use and privacy policy. Guildara is not a party to those agreements; they are solely between you and the third party, even if the third party is a Provider whose content you accessed through Guildara.

If you are a Provider, Guildara reserves the right to suspend or terminate your account for any content posted by you. This right shall extend to both content posted on Guildara, and content posted on a third-party platform, including but not limited to your website, your social media pages, and social media pages of your employees and agents.

9. Indemnification (or What Happens If You Get Us Sued)

We hope this never happens, but if Guildara gets sued because of something that you did, you agree to defend and indemnify us.

You agree to indemnify and hold Guildara, and its officers, directors, representatives, agents, employees, counsel, consultants, and any other personnel, harmless from claims, suits, actions, responsibility, procedures, expenses, costs, damages, obligations, losses, debts, and/or liabilities arising out of or in any way related to:

Your use of the Platform
Participation in Activities, by you or your child, or any child participating in an Activity due to a registration associated with your account. This shall include any bodily injury, physical harm, illness, death, or property damage arising out of the same
Violations of any of these Terms
Violations of law or third-party rights
Any infringement or misappropriation of any intellectual property rights

10. Disputes with Other Users

If you find yourself in a dispute with another user of Guildara’s Services or a third party, we encourage you to work with the other party to try to resolve the dispute amicably. If the dispute is not able to be resolved amicably, the following provisions apply:

a. Case System

Providers and Families who are unable to resolve a dispute related to a transaction on our websites may participate in our dispute resolution system. Guildara will attempt to help you resolve disputes in good faith and based solely on our interpretation of our policies, and in our sole discretion; we will not make judgments regarding legal issues or claims. Guildara has no obligation to resolve any disputes. To initiate this dispute resolution process please email us at hello@guildara.com.

b. Release of Guildara

You release Guildara from any claims, demands, and damages arising out of disputes with other users or parties.

11. Disputes with Guildara

If you’re upset with us, let us know, and hopefully we can resolve your issue. But if we can’t, then these rules will govern any legal dispute involving our Services:

a. Governing Law

The Terms are governed by the laws of the State of Wisconsin, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where in the US you live.

b. Arbitration

You and Guildara agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (the "AAA Rules") then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms you can find the AAA Rules here), unless otherwise required by law. **Arbitration, including threshold questions of arbitrability of the dispute, will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction.

Any arbitration or mediation under the Terms will take place on an individual basis. You understand that by agreeing to the Terms, you and Guildara are each waiving the right to trial by jury or to participate in a class action lawsuit. Class arbitrations shall only be available if requested by either party under its Class Action Arbitration Rules and approved by the arbitration entity. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator or mediator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.

c. Costs of Arbitration

Payment for any and all reasonable AAA filing, administrative, and arbitrator fees will be in accordance with the Consumer Arbitration Rules.

d. Forum

We’re based in Wisconsin, so any legal action against Guildara related to our Services must be filed and take place in Eau Claire County, Wisconsin. For all actions under the AAA Rules, the proceedings may be filed where your residence is, or in Eau Claire, Wisconsin, and any in-person hearings will be conducted at a location which is reasonably convenient to both parties taking into account their ability to travel and other pertinent circumstances. For any actions not subject to arbitration or mediation, you and Guildara agree to submit to the personal jurisdiction of a state or federal court located in Eau Claire County, Wisconsin.

e. No Class Action

You and Guildara agree that any proceedings to resolve or litigate any dispute will be conducted solely on an individual basis, and that you will not seek to have any dispute heard as a class action, representative action, a collective action, a private attorney-general action, or in any proceeding in which you or Guildara acts or proposes to act in a representative capacity. You and Guildara further agree that no proceeding will be joined, consolidated, or combined with another proceeding without the prior written consent of you, Guildara, and all parties to any such proceeding.

f. Exceptions

If you are a government agent or entity in the United States using the Services in your official capacity, and you are legally unable to agree to the clauses in this section, then those clauses do not apply to you. In addition, regardless of the arbitration requirements outlined above, either party may request injunctive or other equitable relief to protect its intellectual property rights, and any claims regarding infringement or misappropriation of its intellectual property rights, in any court of competent jurisdiction. In these cases, the Terms and any action related to the Terms will be governed by the laws of the United States (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Wisconsin.

12. Force Majeure.

We are not liable for events beyond our control. This shall include any delays, failure to perform, or interruption of service resulting directly or indirectly from any cause or condition beyond Guildara’s reasonable control. This shall include, but is not limited to, any delay or failure due to: an act of God, act of terrorism, act of civil or military authorities, civil disturbance, war, strike or other labor dispute, interruption in telecommunications or internet services or network provider services, fire, failure of software and/or equipment, or other catastrophe or any other occurrence beyond Guildara’s reasonable control.

13. Changes to the Terms

We may update these Terms from time to time. If we believe that the changes are material, we’ll definitely let you know by posting the changes through the Services and/or sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes unless otherwise specified. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.

14. Some Additional Legal Points

The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and Guildara regarding the Services. If any provision of these Terms is found to be unenforceable, illegal, and/or contrary to law, that provision shall be deemed as void and not written herein, and such invalidity shall not affect the other and remaining provisions hereof. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms or otherwise transfer your rights to any third party

15. Account assistance

Guildara may need to access or temporarily assume access to user accounts for customer support, troubleshooting, security, or operational purposes. If we need to access user accounts for routine matters, we will notify you prior to such access. However, prior notice may not be possible in all circumstances, in which case we reserve the right to access or temporarily assume access to user accounts without prior notice.

16. Contact Information

If you have any questions about the Terms, please email us at legal@guildara.com.

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