Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Sayulita Guide mobile application and website (collectively, the "Service") operated by Get X Media Inc., a Canadian corporation ("we", "us", "our", or "Company"). By downloading, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree, please do not use the Service.

1. Acceptance of Terms

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all users of the Service, including without limitation users who are contributors of content, information, and other materials or services on the Service. By using the Service, you represent and warrant that you have the right, authority, and capacity to enter into this agreement and to abide by all of the terms and conditions of these Terms.

2. Eligibility and Age

The Service is not directed to, and we do not knowingly collect information from, children under the age of 13. By using the Service, you represent that you are at least 13 years old and, if you are between 13 and 18, that you have obtained parental consent. If you are a parent or guardian of a minor who has registered an account, please contact us at [email protected] and we will delete the account within 7 days. If we discover a minor has created an account without proper parental consent, we reserve the right to terminate that account.

3. Your Account and Security

3.1 Account Registration

You may create an account by signing in with Apple, Google, or other authentication providers we support. You are responsible for maintaining the confidentiality of your account credentials and password, and for all activity that occurs under your account. You agree to:

Provide accurate, current, and complete information during registration;
Maintain and promptly update your account information if it changes;
Notify us immediately of any unauthorized access to your account;
Accept full responsibility for all activity on your account.

3.2 Account Deletion

You may delete your account at any time through the Settings menu in the Service (Settings → Privacy & Data → Delete Account). Deletion is subject to a request-and-review process. Once approved, your personal data will be removed, though content you posted to the community may be anonymized and retained. You may request hard-deletion of specific posts before closing your account.

4. Acceptable Use and Prohibited Conduct

You agree not to use the Service in any manner that:

Violates any law or regulation (local, national, or international);
Infringes intellectual property rights, including copyrights, trademarks, patents, or trade secrets of third parties;
Harasses, threatens, or defames any person or entity;
Is obscene, indecent, or contains sexually explicit content;
Incites violence or promotes illegal activities;
Spams, phishes, or impersonates another person or entity;
Attempts to gain unauthorized access to the Service or related systems or networks;
Disrupts the normal flow of dialogue within the Service (flooding, interrupting, or disrupting normal conversation);
Posts false, misleading, or deceptive information intended to deceive or harm;
Promotes commercial activity or automated bulk content submission without permission.

We reserve the right to remove any content that violates these Terms or is otherwise objectionable at our sole discretion.

5. User-Generated Content and License

5.1 Your Content

Any text, photos, videos, reviews, comments, listings, or other content you create, submit, or post ("Your Content") remains your intellectual property. By submitting Your Content to the Service, you grant us and other users a non-exclusive, royalty-free, world-wide, perpetual, and irrevocable license to:

Use, reproduce, modify, and adapt Your Content;
Display, perform, and distribute Your Content within the Service;
Create derivative works based on Your Content (e.g., translations, compilations);
Sublicense these rights to other users and service providers who support the Service.

This license does not transfer ownership of Your Content to us; you retain full copyright. However, you cannot revoke this license once published. If you delete your account, Your Content remains available under this license, though your name and profile information will be removed.

5.2 Our Use of Your Content

By posting community content (reviews, photos, posts, comments), you understand that this content will be publicly visible to all users of the Service and may be indexed by search engines. We may use aggregated analytics (e.g., "5-star average", "10 photos posted") to improve the Service. We may also feature Your Content in promotional materials, with attribution where feasible.

5.3 Reporting Content and Our Moderation Commitment

Every community post carries a report control and a block control, both reachable directly from the post itself without having to contact us first. Reporting offers five categories: spam or misleading, harassment or hate, inappropriate content, violence or dangerous, and something else.

We review reported content and remove content that violates these Terms within 24 hours of receiving the report. Blocking a user takes effect immediately and does not require a report to be filed. You can see and manage everyone you have blocked under Settings → Privacy & Data → Blocked Users.

We may remove content, suspend posting access, or terminate accounts for repeated or serious violations. You can also reach a human at [email protected].

6. Business Listings and Accuracy Disclaimer

Sayulita Guide aggregates business listings from multiple sources (direct submissions, public records, user contributions). Listings are provided "as is" without warranty as to accuracy, completeness, or current validity.We do not guarantee that business hours, contact information, services, or pricing are accurate or up to date.

If you are a business owner and find your listing is inaccurate, closed, duplicated, or contains false information, please contact us at [email protected]. We will review your claim and update the listing if warranted. However, we are not responsible for losses, delays, or damages resulting from inaccurate listing information.

7. Third-Party Links and Services

The Service may contain links to third-party websites, applications, and services ("Third-Party Services") that are not operated by us. We do not endorse, warrant, or assume any responsibility for Third-Party Services. Your access to and use of Third-Party Services is governed by their own terms of service and privacy policies.We are not liable for any harm, loss, or claim arising from your use of Third-Party Services or reliance on their content, products, or services.

8. Intellectual Property Rights

8.1 Service Content

The Service and all content included in or made available through it (including but not limited to text, graphics, logos, images, maps, and code) is the property of Sayulita Guide, our partners, or our service providers and is protected by international copyright, trademark, and other intellectual property laws. You may not copy, modify, reproduce, distribute, or transmit any content without our express written permission.

8.2 User-Generated Content

User-Generated Content remains the property of the user. However, by posting it, you grant us the license described in §5 above.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR MALICIOUS CODE.

WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY INFORMATION, LISTINGS, PHOTOS, REVIEWS, OR USER-GENERATED CONTENT POSTED ON THE SERVICE.

You assume full responsibility and risk for your use of the Service. Some jurisdictions do not allow the exclusion of implied warranties, so the above disclaimers may not apply to you.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, GET X MEDIA INC., ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOST REVENUE, DATA LOSS, OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE SERVICE SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU (IF ANY) IN THE 12 MONTHS PRECEDING YOUR CLAIM. IF YOU HAVE NOT PAID ANY FEES, OUR LIABILITY SHALL NOT EXCEED USD 100.

These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Some jurisdictions do not allow limitations on liability, so these limitations may not apply to you.

11. Indemnification

You agree to defend, indemnify, and hold harmless Get X Media Inc., its affiliates, directors, employees, agents, and service providers from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from:

Your violation of these Terms;
Your violation of any law or regulation;
Your use or misuse of the Service;
Your User-Generated Content or any content you submit, including claims that it infringes third-party intellectual property rights or violates third-party privacy rights;
Your conduct towards other users of the Service.

12. Termination

We reserve the right, at our sole discretion and without liability, to terminate or suspend your account and access to the Service at any time if:

You violate these Terms;
You engage in illegal or harmful conduct;
We believe, in our sole discretion, that your conduct is inappropriate, offensive, or otherwise harmful to the Service or its community;
You have not used the Service for 12 months or more.

Upon termination, your right to use the Service immediately ceases. Your account data and User-Generated Content will be handled in accordance with our Privacy Policy. If you believe your account was terminated in error, contact us at [email protected].

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Nayarit, Mexico, without regard to its conflicts of law principles. Any legal action or proceeding arising under or relating to these Terms shall be subject to the exclusive jurisdiction of the federal and state courts located in Nayarit, Mexico, and you consent to the personal jurisdiction and venue of such courts.

14. Changes to Terms

We may update these Terms from time to time. We will notify you by email at least 30 days before any material change. Your continued use of the Service following notification of material changes constitutes your acceptance of the updated Terms. We encourage you to review these Terms periodically to stay informed of any updates.

15. Purchases, Subscriptions and Billing

Using Sayulita Guide as a traveler is free. There is nothing for a traveler to buy. The paid products are advertising and placement products, and they are bought by the owner or authorized representative of a business listed in the directory.

15.1 How Payment Works

Every purchase is processed by the app store you downloaded the app from, using Apple In-App Purchase on iOS or Google Play Billing on Android. We never see, collect, or store your card details. The price you are charged is always the price shown on the store payment sheet, in your own currency, as set by that store.

15.2 Subscriptions and Automatic Renewal

Some products are auto-renewable subscriptions. For those, the following applies:

The subscription title, the length of each period, and the price per period are shown in the app and on the store payment sheet before you confirm. Current prices are read live from the store rather than listed here, so what you see is always current for your region.
The subscription renews automatically at the end of each period unless you cancel at least 24 hours before that period ends.
Your account is charged for renewal within 24 hours before the end of the current period.
You manage and cancel subscriptions in your own store account settings, not through us. On iOS that is Settings, then your name, then Subscriptions. We cannot cancel a subscription on your behalf.

Other products are one-time purchases that are consumed when used. These do not renew and are not subscriptions.

15.3 Refunds

Because the app stores process the payment, they also handle refunds. Requests go to Apple or Google under their refund policies, and we cannot issue a refund for a store purchase ourselves. If something we sold did not work as described, contact us and we will help, including supporting a refund request with the store.

15.4 Changes to Products and Prices

We may add, change, or withdraw paid products. A price change to an existing subscription takes effect only in accordance with the store rules, which require your consent before a higher price is charged. If we withdraw a product you have already paid for, we will honour the period you paid for.

16. Additional Terms for Apple App Store Downloads

This section applies only if you obtained the app from the Apple App Store, and it exists because Apple requires it. Where it conflicts with the rest of these Terms, this section controls for App Store downloads.

This agreement is with us, not Apple. These Terms are between you and Get X Media Inc. only. Apple is not a party to them.
Scope of license. We grant you a non-transferable license to use the app on any Apple-branded device that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
Maintenance and support. We are solely responsible for providing any maintenance and support for the app. Apple has no obligation to furnish any maintenance or support.
Warranty. We are solely responsible for any product warranties, whether express or implied by law, to the extent they are not effectively disclaimed. If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the app to you, if any. To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the app.
Product claims. We, not Apple, are responsible for addressing any claims relating to the app, including product liability claims, any claim that the app fails to conform to a legal or regulatory requirement, and claims arising under consumer protection or similar legislation.
Intellectual property claims. We, not Apple, are responsible for the investigation, defence, settlement, and discharge of any third-party claim that the app infringes that third party's intellectual property rights.
Legal compliance. You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a terrorist-supporting country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
Third-party terms. You must comply with any applicable third-party terms of agreement when using the app.
Apple as third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of this section, and Apple has the right to enforce it against you.

17. Contact and Support

If you have questions about these Terms, need to report a violation, or have other concerns, contact us at [email protected].

English Version. These Terms of Service are provided in both English and Spanish. If there are any discrepancies between the two versions, the English version shall control.