This document sets out the terms for use of the Guri Courses and Professional membership services. It governs both our Course & Content Creators (“Creators”) and our end-users (“Students”), collectively (“You” or “Users. Because this document represents our agreement with You about Your use of our platform, please take the time to read this document.
Guri’s Platform can be found at https://guri.me, and also includes all of the subdomains, mobile applications, any other media, location, application, etc. owned, managed, operated, etc. by Guri. When referring to the infrastructure in this Agreement, we will be collectively referring to them as the “Platform”.
Guri Technologies (Thailand) Co., Ltd. (“Guri”) provides an open online content creation platform designed to allow Creators to build, design, publish, and sell courses and services (“Content”) to their Students. Guri offers this Content creation platform along with a number of additional services and tools (e.g. payment gateways, author and affiliate payouts) and the entire selection of tools and services offered via the Platform will be referred to in this Agreement as “Guri Services”.
By using our Platform in any manner, You are expressly agreeing to, and give Your consent to be governed by these Terms. If You do not agree with these Terms or You do not wish to be bound by these Terms, You must not use or access Guri’s Platform in any manner.
Guri is neither a content provider nor an educational institution. Creators and Students are not employees of Guri. Guri is not responsible for interactions between Creators and Students, with the exception of providing the technological means through which Creators may broadcast and otherwise make their Content available and, at each Creator’s election, for processing payments through Guri’s payment gateway(s). Guri is not liable for any disputes, claims, losses, injuries, or damage of any kind that may arise out of the Creator/Student relationship, including but not limited to, any Student’s reliance upon any information provided by a Creator or Creator Content at any time.
Students assume full responsibility for the disclosure and use of any other personal information the Student chooses to disclose to any Creator on the Platform.
II. Terms Applicable to All Users of the Guri Platform
A. License to Creators & Students
Guri grants You a limited, non-exclusive license to access and use Guri’s Platform for Your own personal and commercial purposes. This license is only for Your use and may not be assigned or sublicensed to anyone else, without Guri’s express written consent. Except as expressly permitted by Guri in writing, You will not try to reproduce Guri’s Platform (legally that’s known as engaging in activity that would reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Platform). You also agree that in exchange for this license You will not engage in any activity that would interfere with or damage or harm the Platform. All rights not expressly granted by Guri are reserved.
B. Code of Conduct
We have to set up some ground rules. Honestly, most of what we cover here should go without saying. However, it’s better to be upfront about things, rather than just assume everyone knows how they are expected to conduct themselves on our Platform.
- No Illegal Activity: This is about as simple as it gets. Do not use the Guri Platform for any illegal activity. Period. You are not allowed to use our Platform to engage in any kind of conduct that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- No Fraud: Yes, this is probably covered in the No Illegal Activity section above, but we want to make this very clear. Fraud will not be tolerated in any capacity.
- No Bad Code: Do not use the Guri Platform to transmit, distribute, send, or otherwise expose the Platform or its Users to viruses, worms, or any other code that may be deemed dangerous, harmful, or destructive in any manner.
- No Spamming: Seriously. No one likes spam. We don’t like spam. We’re pretty sure that You don’t like your inbox cluttered with spam. You may not use the Guri Platform to engage in any activities that will result in sending spam to anyone on the Guri Platform, including Guri (and its employees), Creators, and Students.
- Be Civil: We mean this. We’re an open platform allowing myriad subject matters to be taught. Not all Content is for everyone. But the one thing we can all agree on is that when we use the Guri Platform we are going to be civil and respectful at all times.
- No Exploitation: You will not use the Guri Platform to try to gather personal information on anyone outside of the limited permissible uses for offering or accessing Content.
- No Impersonation: Imitation is the sincerest form of flattery, but not when it comes to representing that You are a part of Guri. You will not impersonate anyone on the Guri Platform, including Guri (and its employees), Creators, and Students.
- No Data Mining or Bots: You may not use any data mining, robots, or similar data gathering or extraction methods.
- No Use Other Than Intended: You may not use the Platform or any Content contained on the Platform for any purposes other than intended.
- No Prohibited Content: You may not use the Platform if Your Content contains material that is libelous, slanderous, pornographic, obscene, unlawful, threatening, hateful, violent, predatory, defamatory, or otherwise objectionable, all of which shall be determined in Our sole discretion.
If You violate this Code of Conduct, we reserve the right to remove You and any of Your Content from the Guri Platform. Whether conduct violates our Code of Conduct will be determined at Guri’s sole discretion.
III. Terms Applicable to Creators
Guri may provide the opportunity for Creators to sell coaching offerings (“Coaching”) to Students in addition to the courses that the Creator sells on the Platform (together Coaching and courses are referred to as Content). All Coaching offerings shall be covered by this Agreement and are included in the definition of Content. Should the Coaching involve any third party content, You agree that Guri is not responsible in any way for such content, and makes no representations or guarantees as to its merchantability or fitness of use. The delivery of the Coaching is the sole responsibility of the Creator.
B. Intellectual Property and Data Processing
In operating our Platform, it’s important for us to make it clear who owns what and who’s responsible for what. You are trusting us with Your content and consistent with Guri’s genuine belief in transparency we want to make it simple for You to know exactly what You are getting into when You join the Guri community.
1) Guri Content
Content that Guri uploads to the Platform, Guri intellectual property and proprietary information, including all information, software, technology, data, logos, marks, designs, text, graphics, pictures, audio and video files, other data or copyrightable materials or content, and their selection and arrangement, is referred to herein as “Guri Content”, and is and remains the sole property of Guri. Guri Content, including our trademarks, may not be modified by You in any way.
2) Your Content
Content that You upload to the Platform is and remains Your content. Guri does not claim any intellectual property rights over the materials You upload to the Guri Platform by virtue of Your use of Guri Services. By uploading Your content to the Guri Platform, You agree that:
a) Guri may review Your content for any reason, including compliance with our Code of Conduct and prohibited content requirements, but Guri has no obligation to review anything that You upload.
b) You are uploading Your content to the Guri Platform at Your direction and Guri does not in any way certify or provide approval or permission prior to You uploading Your content.
c) Guri may display Your content to other users (e.g. Your Students) via the Guri Platform.
d) You agree that by uploading Your content to Our Platform, You are allowing Us to store Your Content.
e) You agree to provide Guri with all necessary licenses, including a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use (e.g, to display or transmit) Your Content in furtherance of the Guri Services (In other words, because You own Your Content, You have to give Us permission to display it, or to use it for internal operational purposes, like storing it on Our servers).
f) You are responsible for and own, or have the rights to use, all of Your Content.
3) Content Free of Infringement of Any Third Party Rights
a) You agree that Your Content does not infringe upon anyone else’s intellectual property rights and that You have secured or obtained or received all necessary rights and permissions, as necessary, from any third parties who may own the content.
b) In plain language, this means that if You’re using someone else’s work (including videos, text, charts, powerpoints, etc.) in Your Content, You’ve gotten the content owner’s permission to use it. You wouldn’t want anyone selling any of Your Content without Your permission. If You are going to use something that You didn’t create, make sure You can demonstrate that You have the right to use it before You make it a part of Your Content.
4) Processing of Personal Information by Creators
a) Creators are responsible for protecting all personal information they provide to or receive from, Guri in connection with the use of Guri Services.
b) Creators are considered controllers or “owners” of the personal information they collect from and about Students. Creators are responsible for providing an appropriate privacy notice to their Students, respecting their Students’ privacy rights in accordance with applicable law, and providing access to or deleting Students’ personal information if they request and as required by applicable law.
IV. Guri’s General Rights In Operating Its Platform
A. Guri Reserves the Following Rights Over the Entire Guri Platform
- Guri may modify, terminate, or refuse to provide Guri Services at any time for any reason, without notice.
- Guri may remove anyone from the Guri Platform at any time for any reason, solely in Guri’s discretion. This right is not modified by any other section of this Agreement.
- Guri reserves the right to access Your account and Content in order to respond to requests for technical support, to maintain the safety and security of the Guri Platform, and for other legitimate business purposes, as necessary, in Guri’s discretion.
- Guri may, but has no obligation to, monitor any content that appears on the Guri Platform or review any conduct occurring through the Platform, including any interactions between Creators and Students and Guri employees.
- Guri reserves the right to modify, suspend, or alter its refund policy, at its sole discretion.
- If You close Your account, Guri may keep a copy of Your content after termination. You grant us a non-exclusive, perpetual, irrevocable license to maintain such archival copy for compliance with any relevant laws and regulations and for our internal business purposes, subject to applicable law.
- Guri reserves the right to remove You and Your Content without warning if You violate any of the provisions of this Agreement.
- Guri has, in its sole discretion, an absolute right to modify, change, alter, suspend, or terminate any provision of this Agreement without warning at any time.
V. Guri’s Copyright, Trademark, and Takedown Policy
Guri takes a firm stance against anyone who is infringing upon anyone else’s intellectual property. This Platform is all about You transforming Your knowledge into Content. We draw a hard line when the Guri Platform is used to exploit someone else’s intellectual property.
A. Copyright Violations
If Guri has a good faith belief that any content (including Creator Content) appearing on its Platform violates any copyrights or has been illegally copyrighted, Guri reserves the right to remove, block, or otherwise take down the content. Guri also reserves the right to remove from the Platform any Creators, Students, or other parties, who are repeat offenders of the Guri repeat offender policy.
B. Trademark Violations
Guri reserves the right to remove access to content that it knows, or has reason to know, which violates the rights of trademark owners. Please note that Guri will send a copy of any trademark infringement claim received to the user who posted the content you report as infringing.
VI. Third Party Communications
By using Guri’s Platform, You may receive communications from third parties (e.g. a Creator may communicate with a Student). Guri is not responsible for these communications and shall not have any liability in connection with them. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any such third-party communications. Guri assumes no responsibility for verifying, and makes no representations or warranties regarding the identity or trustworthiness of the source or content of any such third-party communications.
VII. Third Party Offerings
Through the Guri Platform, You will have the ability to access content, links to websites, and services provided by Creators, Students, and other third parties (“Third-Party Offerings”). Your use of any Third Party Offerings provided on this Platform or a third-party website is at Your own risk. Guri does not monitor or have any control over, and makes no claim or representation regarding Third-Party Offerings and accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature, or reliability of, Third-Party Offerings. You should review applicable terms and policies, including privacy and data gathering practices, of any third party, and should make whatever investigation You feel necessary or appropriate before proceeding with any transaction with any third party.
For us to pay you in a timely manner, you must own a PayPal, or Thai bank account in good standing and must keep us informed of the correct email associated with your account. We reserve the right to withhold payments or impose other penalties if we do not receive proper identifying information or tax documentation from you. You understand and agree that you are the sole responsible for any taxes on your income. Payment will be made within 30 days of the end of the month in which we receive the fee for a course. We reserve the right not to pay out funds in the event of identified fraud, violations of intellectual property rights, or other violations of the law.
A. Appointment of Guri as a Limited Payment Collection Agent
Each Creator collecting payment for services provided on the Guri platform hereby appoints Guri as the Creator’s payment collection agent solely for the limited purpose of accepting funds from Students purchasing such services.
a) Each Creator agrees that payment made by a Student through the Guri Platform shall be considered the same as a payment made directly to the Creator, and the Creator will provide the purchased services to the Student in the agreed manner as if the Creator has received the payment directly from the Student. Each Creator agrees that Guri may refund the Student in accordance with the Terms. Each Creator understands that Guri’s obligation to pay the Creator is subject to and conditional upon successful receipt of the associated payments from Students. Guri guarantees payments to Creators only for such amounts that have been successfully received by Guri from Students in accordance with these Terms. In accepting an appointment as the limited payment collection agent of the Creator, Guri assumes no liability for any acts or omissions of the Creator.
b) Each Student acknowledges and agrees that Guri acts as the Creator’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Creator. Upon payment of the funds to Guri, the Student’s payment obligation to the Creator for the agreed amount is extinguished, and Guri is responsible for remitting the funds to the Creator in the manner described in these Terms, which constitute Guri’s agreement with the Student. In the event that Guri does not remit any such amounts once successfully received from the Student, the Creator will have recourse only against Guri and not the Student directly.
Creators may be charged a fee for any chargeback on a credit card, debit card, or PayPal transaction that is processed through the Guri Gateways. This fee is deducted from Your payout but is returned to You if You win the dispute. Fees are subject to change.
When it comes to responsibilities for collecting, reporting, and remitting taxes to respective tax authorities, a distinction should be made between (1) any fees paid by the Creators to Guri, and (2) the Content sold by the Creators to Students through the Guri platform.
- Fees owed by Creators
Where applicable, Guri will collect from the Creator tax that may arise in connection with fees owed by Creators to Guri. Creators who believe that they should not be charged tax in connection to such fees must provide Guri with a valid tax/identification number, a valid tax ID/tax certificate, or other documentary proof issued by an appropriate taxing authority confirming that Guri should not charge tax to the Creator in accordance with the applicable tax laws. Please note that in some situations, tax laws may require the Creator to report and remit tax itself to its tax authority with regard to fees paid to Guri (these situations are commonly referred to as ‘reverse charge’).
Guri will not issue invoices on fees paid by Creators to Guri unless legally required. Guri may at its sole discretion decide to issue sales receipts instead.
- Content sold by Creators to Students
Creator and Student expressly acknowledge that an agreement is formed directly between Creator and Student with regard to the Content sold by the Creator to the Student. Guri is not a party to that agreement nor sets any of the terms for the Content sold by the Creator to the Student. The Creator is the supplier of the Content, Guri is not responsible for interactions between Creators and Students and only provides technical means through which Creators may make their Content available to Students. As the Creator sells the Content directly to the Student under its agreement with the Student, the Creator will be solely and fully responsible to collect, report and remit the correct amount of tax (if any) to tax authorities for charges to the Students for Content. Guri recommends Creators consult a tax advisor to assist with determining the tax requirements relating to the sale of their Content.
Guri is not responsible for setting the pricing on a Creator’s Content. Prices for Creator Content are set by the Creator.
X. Account Ownership Disputes
In the unlikely event that there is a dispute over the ownership of an account, Guri has the right to request additional information from You to determine ownership and settle the dispute. The information that We may request to assist in resolving ownership disputes includes, but is not limited to, the following:
• a copy of Your photo ID;
• Your business documents, including a Charter, Certificate of Incorporation, LLC Agreement, business license, or other documentation showing ownership of Your entity;
• Your billing information and details;
• Certified copies of your tax forms; and
• Other documentation as we deem necessary to settle the dispute
Should a dispute arise, Guri reserves the right to determine the account ownership in its sole judgment, and the ability to transfer the account to the rightful owner, unless otherwise prohibited by law
XI. Guri Prime Promotional Price
Several students enroll in courses through the Guri Prime membership. Participation can increase your revenue potential by enabling Guri to offer your content at a compelling discount to our premium members via targeted promotions. The Guri Prime Program allows Guri to offer your content at a discount no lower than 10%. By accepting this Agreement, you grant Guri the permission to apply the abovementioned discount to Guri Prime members.
A. Guri charges Creators fees to access particular features of the Guri Platform through paid subscription plans, while other features are offered free of charge through Guri’s free plan.
B. Pricing for the Guri Professional Membership is shown at the top of the service’s page and is subject to change.
C. Depending on the payment processing method, Guri may charge transaction fees. You agree to pay all fees and charges that are made to Your account and that You are solely responsible for the payment of these fees and charges.
D. Paid plans are automatically charged at the beginning of each billing period. Unless You submit a cancellation request to us in writing via email (support [at] guri [dot] me) or directly through Your account prior to the start of the billing period, Your plan will be charged upon the anniversary of its billing period. You agree that Guri may charge any recurring service to the credit card or debit card that You provide.
E. Should You not authorize payment or are otherwise not current on Your payments for Guri Services, Guri may restrict Your Platform access until Your account becomes current and paid in full.
F. Guri reserves the right to pursue fees owed using collection methods which may include charging other payment methods on file with Guri and/or retaining collection agencies or legal counsel.
G. Guri reserves the right to offer custom plans and pricing in addition to what is offered on the pricing page. Custom plans may also include custom billing and payment terms, including billing periods and renewals, that are different from our standard terms.
XIII. Refund Policy
Guri does not provide refunds to Creators.
a) Creators are solely responsible for setting the refund policy regarding the sale of Courses and Coaching offerings.
b) The Creator must provide notice to Students regarding their refund policy prior to the purchase of the Courses and Coaching offering.
c) Regardless of any other section to the contrary in this Agreement, Guri’s refund policy does not cover the provision of Courses and Coaching offerings provided by Creators to Students.
d) It is the Student’s responsibility to understand the refund policy for Content prior to purchasing such Content from a Creator.
e) Guri reserves the right to provide a refund to any student at any time in Guri’s sole discretion.
XIV. Cancellation and Deletion
If You cancel a paid plan, the cancellation will become effective at the end of the then-current billing cycle. When You cancel a paid plan, Your account will revert to a free account and Guri may disable access to features available only to paid plan users.
- You may delete Your account at any time.
- Any account on the free plan may be deleted if it remains inactive (e.g., the user fails to log in) for a continuous period of at least one (1) year. Activity will be determined by Guri in its sole discretion.
- Accounts on paid plans will be considered active accounts unless You explicitly ask us to delete Your account.
- If Your account is deleted (regardless of the reason), Your Content may no longer be available. Guri is not responsible for the loss of such content upon deletion.
- Upon deletion of Your account (regardless of the reason), all licenses granted by Guri will terminate.
C. Effect of Cancelation/Deletion
- Should a course, Creator account, or Student account be canceled or deleted, the Creator or Student may no longer have access to Guri Content and Content may be irrecoverable. Guri shall not be liable to any party in any way for the inability to access Content arising from any cancelation or deletion, including any claims of interference with business or contractual relations.
- You understand that if Students have previously enrolled in your Submitted Content, your name and that Submitted Content may remain accessible to those Students after your account is deleted.
XV. Errors and Corrections
Guri does not guarantee that the Platform or any services offered through the Platform will be error-free or otherwise reliable, nor does Guri guarantee that defects will be corrected or that any offerings through the Platform will always be accessible. Guri may make improvements and/or changes to the Platform and its features and functionality at any time and will use commercially reasonable efforts to avoid disrupting peak hours, though some downtime may occur. Errors in Content are the responsibility of the Creator who owns the Content.
We reserve the right to amend the Platform, and any service or material we provide on the Platform, at our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some or all of the Platform to Creators and Students.
XVI. Limitations of Liability
In running the Platform, we require that You understand and agree that Guri is not liable for a number of things, including Your breach of this Agreement and losses that may result from Your use of the Platform. We also require that You understand and agree that the Platform is offered As-Is and may not always be 100% perfect or reliable and that Guri doesn’t warrant or guarantee that it will always be free of errors or defects. Any claims for damages against Guri will be limited to a portion of the fees You have paid us.
Our limitations of liability are as follows:
A. You agree that Guri, including its employees, officers, directors, and agents, shall not be liable for any kind of loss, injury, claim, or damages resulting from Your use of the Guri Platform.
B. You agree that Guri shall not be liable for any injuries, losses, claims, or damages that result from Your use or engagement with third-party content, downloads, or communications.
C. Guri is not liable for any losses or damage caused by any viruses, distributed denial of service attacks, and any and all other malicious computer code. Malicious computer code means computer code or other mechanisms of any kind designed to disrupt, disable or harm in any manner the operation of any software or hardware or other business processes or to misuse, gain unauthorized access to or misappropriate any business or personal information, including worms, bombs, backdoors, clocks, timers, or other disabling device code, or designs or routines that cause software or information to be erased, inoperable, or otherwise incapable of being used, either automatically or with the passage of time or upon command.
D. Guri does not guarantee that any files available for downloading from the Platform will be completely free from viruses or other harmful computer code.
E. The Guri Platform is provided to You on an “As Is, As Available” basis. As such, You agree to have an external method of recovering any lost data that may be uploaded to the Guri Platform.
F. Guri disclaims any warranties to the Platform and the content contained therein, including warranties for merchantability, fitness for a particular purpose, non-infringement, or title.
G. Guri shall not be liable for any special, direct, indirect, incidental, punitive, or consequential damages, resulting from the use of or inability to use the Platform.
H. You agree that Guri shall not be liable for any losses, injuries, claims, or damages from Your violation or breach of this Agreement. You agree to indemnify, defend, and hold harmless Guri, its present and future officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Platform from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement by You or arising from or related to Your use or misuse of the Platform (including, without limitation, use in contravention of this Agreement, other Guri policies, and copyright and other intellectual property law)
I. You are solely responsible for ensuring that Your use of the Platform complies with applicable law and does not violate the rights of any third party, including, without limitation, intellectual property rights. You assume all liability for any claims, suits or grievances filed against You, including, but not limited to, all damages related to Your use of the Platform.
J. You may not assign Your rights under this Agreement without Guri’s prior written consent.
K. Should Guri’s limitation of liability not be applicable, Guri’s sole obligation to You, or any third party, for damages shall not exceed the amounts paid by You to Guri over the prior twelve (12) months directly preceding Your claim, unless otherwise required by law.
L. You agree that Guri shall not be liable for any content that appears on the Platform.
M. Except as set forth herein, nothing express or implied in this Agreement is intended or implied to confer, and nothing herein shall confer, any rights, remedies, liabilities, or obligations whatsoever upon any person or entity.
N. You agree that any cause of action or claim that You may have against Guri must be brought against us within one (1) year after the cause of action or claim arises. Should You not commence such cause of action or claim within this time period, it shall be barred.
XVII. Remedies for Violations
Guri reserves the right to seek all remedies available at law and in equity for violations of this Agreement, including but not limited to removing Creators and Students from the Platform, the right to block access to the Platform from a particular IP address or other user identifiers, or to refer the violation to the appropriate law enforcement authorities.
XIX. Governing Law and Jurisdiction; Disputes and Arbitration
A. This Agreement shall be governed in accordance with the laws of the Kingdom of Thailand without regard to its conflicts of laws principles. Any action arising out of or relating to this Agreement shall be filed only in the courts located in the Kingdom of Thailand. You consent and submit to the exclusive personal jurisdiction of such courts for the purpose of litigating any such action.
B. Any dispute, controversy, proceeding, or claim arising out of or in connection with or relating to this Agreement, shall be resolved by binding confidential arbitration.
C. The arbitration will be conducted in the Kingdom of Thailand unless You and Guri agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall be deemed as preventing Guri from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, dilution, or violation of our data security, intellectual property rights, or other proprietary rights.
D. You and Guri agree to waive the right to trial by jury. You further agree that any proceedings to resolve any disputes shall be done solely on an individual basis and that You will not seek to have any dispute heard as a class action, a representative action, a collective action, a private attorney general action, or in any proceeding in which You act or propose to act in a representative capacity.
E. You also agree that no proceeding will be joined, consolidated, or combined with another proceeding without the prior written consent of Guri and all parties to any such proceeding.
XXI. Entire Agreement; Severability of Provisions; No Waiver
B. If any provision of this Agreement is deemed unlawful, void, or unenforceable by a court of law exercising proper jurisdiction, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability.
C. No waiver of any provision hereof shall be valid unless in writing signed by the parties. Any failure to enforce any right or remedy hereunder shall not operate as a waiver of the right to enforce such right or remedy in the future or of any other right or remedy.
Last updated: August 2021