Terms of Service

These terms, together with any other documents referenced herein (the “Terms of Service”) are an agreement between you and Good Terms LLC (“Good Terms”) which governs your access to and use of our websites, including any content, functionality, and services (the “Services”) offered on or through our websites.

Please read the Terms of Service carefully. By using the Services, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, found at /privacy_policy/. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Services.

Please note that these Terms of Service contain important information regarding your legal rights, remedies, and obligations, including a clause that governs jurisdiction and venue of disputes, and an arbitration clause and class action waiver. By accepting these Terms of Service, you agree to be bound by this arbitration clause. You may opt out by following the instructions in the “Arbitration, Jurisdiction, and Governing Law” section.

The Services are offered and available to users who are at least 18 years of age. By using the Services, you represent and warrant that you are of legal age in your jurisdiction to form a binding contract with the Company and that you meet all of the eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.

  1. CHANGES TO TERMS OF SERVICE

    We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter.

    Your continued use of the Services following the posting of revised Terms of Service means that you accept and agree to the changes. You warrant that you will check this page each time you access the Services so you are aware of any changes, as they are binding on you.

  2. ACCESS AND ACCOUNT SECURITY

    We reserve the right to withdraw or amend the Services, in our sole discretion and without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of the Services to users, including registered users.

    To access the Services, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide is correct, current, and complete. You agree that access to and use of all information you provide to register with these Services or otherwise, including, but not limited to, through any interactive features on the Services, is governed by our Privacy Policy and, through your continued use our websites or Services, you consent to all actions we take with respect to your information consistent with our Privacy Policy.

    If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.

    We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion and for any reason, including if, in our opinion and at our sole discretion, you have violated any provision of these Terms of Services.

  3. INTELLECTUAL PROPERTY RIGHTS

    The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Good Terms, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

    These Terms of Service prohibit you from commercializing or otherwise monetizing any of our intellectual property referenced in this Section 3, except with the prior express written permission of us.

  4. USER AFFIRMATIONS

    By using the Services, you represent, warrant, and agree to the following:

    • You are at least 18 years of age;
    • You are solely responsible for compliance with any and all laws, rules, regulations, or obligations that may apply to your use of the Services or any products or services associated with it, and to the best of your knowledge are currently in compliance with same; and
    • All information you submit to the Services is true and accurate to the best of your knowledge.
  5. PAID ACCOUNTS

    Billing. Access to and use of certain parts of the Services may require payment (once paid, this turns your account into a “Paid Account”). We’ll automatically bill you from the date you convert to a Paid Account and on each periodic renewal until cancellation. You’re responsible for all applicable taxes, and we’ll charge tax when required to do so. Some jurisdictions have mandatory local laws regarding your cancellation rights, and this paragraph doesn’t override these laws.

    Cancellation. You may cancel your Paid Account at any time. Refunds are only issued if required by law.

    Downgrades. Your Paid Account will remain in effect until it's cancelled or terminated under these Terms of Service. We reserve the right to suspend it or remove Paid Account features if at any time you are beyond due for any fees due on your Paid Account.

    Changes. We may change the fees in effect on renewal of your subscription, to reflect factors such as changes to our productofferings, changes to our business, or changes in economic conditions. We’ll give you no less than 30 days’ advance notice of these changes via a message to the email address associated with your account, and you’ll have the opportunity to cancel your subscription before any new fee comes into effect.

  6. BETA SERVICES

    We sometimes release products and features that we’re still testing and evaluating (“Beta Services”). Beta Services shall be labeled “alpha,” “beta,” “preview,” “early access,” or “evaluation” (or with words or phrases with similar meanings) and may not be as reliable as Good Terms’ other services. Beta Services are made available so that we can collect user feedback, and by using our Beta Services, you agree that we may contact you to collect such feedback.

    All Services provided by Good Terms, including Beta Services are confidential and subject to the non- disclosure obligations contained in the Business Services Agreement between Good Terms and its customers.

  7. ACCEPTABLE USE POLICY

    You may use the Services only for lawful purposes in accordance with these Terms of Service. You agree not to use the Services:

    1. In any way 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).
    2. For the purpose of exploiting, harming, or attempting to exploit or harm other users of the Services in any way by exposing them to inappropriate content or beaching any confidentiality obligations.
    3. To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter", "spam", or any other similar solicitation.
    4. To impersonate or attempt to impersonate Good Terms, a Good Terms employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
    5. To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by Good Terms, may harm Good Terms or users of the Services, or expose them to liability.
    6. To, directly or indirectly, (i) reverse engineer or reconfigure any of the Services components or any of its elements, (ii) modify, translate, reverse engineer, decompile, disassemble, or otherwise attempt to defeat, avoid, bypass, remove, deactivate, or otherwise circumvent any software protection mechanisms, (iii) derive the source code or the underlying ideas, algorithms, structure, or organization of the Services or their components, or (iv) alter, adapt, modify, or translate the Services in any way for any purpose.
    7. To monitor the availability, performance, or functionality of the Services or for any other benchmarking or competitive purposes.

    In addition, you agree to not:

    1. Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party's use of the Services.
    2. Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
    3. Use any manual process to monitor or copy any of the material on the Services without Good Terms’ prior written consent.
    4. Use any device, software, or routine that interferes with the proper working of the Services.
    5. Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
    6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services.
    7. Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
    8. Otherwise attempt to interfere with the proper working of the Services.
  8. TERMINATION

    You’re free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services with notice to you if:

    • you’re in breach of these Terms of Service;
    • your use of the Services would cause a real risk of harm or loss to us or other users; or
    • you don’t have a Paid Account and haven't accessed our Services for 12 consecutive months.

    We’ll provide you with reasonable advance notice via the email address associated with your account to remedy the activity that prompted us to contact you and to give you the opportunity to export your files from our Services. If after such notice you fail to take the steps we ask of you, your access to the Services will be terminated.

    We won’t provide notice or an opportunity to export your files before termination or suspension of access to the Services where:

    • you’re in material breach of these Terms of Service;
    • doing so would cause us legal liability or compromise our ability to provide the Services to our other users; or
    • we're prohibited from doing so by law.
  9. RELIANCE ON INFORMATION POSTED

    The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

    The Services may include content provided by third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Good Terms, are solely the opinions and the responsibility of the person or entity providing those materials. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

    We may update the content on the Services from time to time, but the content is not necessarily complete or up to date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.

  10. NOT LEGAL ADVICE

    The information provided via the Services does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. You should contact your attorney to obtain advice with respect to any particular legal matter. You should not act or refrain from acting on the basis of information provided via the Services without first seeking legal advice from counsel in the relevant jurisdiction. Only your individual attorney can provide assurances that the information contained herein – and any interpretation of it – is applicable or appropriate to your particular situation. Use of, and access to, this website or any of the links or resources contained within the site do not create an attorney-client relationship between the you and Good Terms.

  11. EXTERNAL LINKS

    To the extent the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

  12. GEOGRAPHIC RESTRICTIONS

    The Services are based in the United States. We make no claims that the Services or any of their content are accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

  13. DISCLAIMER OF WARRANTIES

    You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection, accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THEM, OR ON ANY LINKED WEBSITE LINKED.

    YOUR USE OF THE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES AND THEIR CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER GOOD TERMS NOR ANY PERSON ASSOCIATED WITH GOOD TERMS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER GOOD TERMS NOR ANYONE ASSOCIATED WITH GOOD TERMS REPRESENTS OR WARRANTS THAT THE SERVICES OR THEIR CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

    TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL.

    The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

  14. LIMITATION OF LIABILITY

    TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL GOOD TERMS, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES OR ANY CONTENT AVAILABLE THROUGH THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

    The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.

    If the applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law.

  15. INDEMNIFICATION

    You agree to indemnify and hold harmless Good Terms, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, or successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the Services.

  16. ARBITRATION, JURISDICTION, AND GOVERNING LAW

    Informal Resolution. Good Terms strives to provide top-of-the-line Services at all times, but we acknowledge that not all of our customers will be satisfied all of the time. Should a problem arise, we want to address your concerns without needing a formal legal case. Before filing a claim against Good Terms, you agree to try to resolve the dispute informally by sending us a written notice at lukas.kobr@goodterms.ai that includes your name, a detailed description of the dispute, and the relief you seek. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days after submission, you or Good Terms may bring a formal proceeding.

    Arbitration. You and Good Terms agree to resolve any claims relating to the Terms of Service or the Services through final and binding arbitration, except as set forth below. This includes disputes arising out of or relating to the interpretation or application of this “Arbitration” subsection, including its scope, enforceability, revocability, or validity. Judicial Arbitration & Mediation Services, Inc. (JAMS) will administer the arbitration under its Comprehensive Arbitration Rules and Procedures. The arbitration will be held in Denver, Colorado, or any other location both parties agree to in writing. The arbitrator may award relief only individually and only to the extent necessary to redress Customer’s or Good Terms’ individual claim(s); the arbitrator may not award relief on behalf of others or the general public. Our past, present, and future affiliates and agents may invoke our rights under this Section in the event they become involved in a dispute with you; otherwise, this Section does not give rights to any third parties.

    Exception to Arbitration. Either party may bring a lawsuit in the federal or state courts of Denver, Colorado solely for injunctive relief to stop unauthorized use or abuse of the Services or infringement of intellectual property rights without first engaging in the informal dispute notice or arbitration process described above. Both you and Good Terms consent to venue and personal jurisdiction there.

    NO CLASS ACTIONS. CUSTOMER MAY ONLY RESOLVE DISPUTES WITH GOOD TERMS ON AN INDIVIDUAL BASIS AND WILL NOT BRING A CLAIM IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT ALLOWED.

    You may opt-out of this arbitration and class action and/or jury trial waiver provision by notifying us in writing within 30 days of the date you first used the Services. To opt-out, you must send a written notification to lukas.kobr@goodterms.ai that includes (a) your account username (if applicable), (b) your name, (c) your address, (d) your telephone number, (e) your email address, and (f) a clear statement indicating that you do not wish to resolve claims through arbitration and demonstrating compliance with the 30-day time limit to opt-out of the above arbitration and class action and/or jury trial waiver provisions.

  17. WAIVER AND SEVERABILITY

    No waiver by Good Terms of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Good Terms to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

    If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

  18. ENTIRE AGREEMENT

    The Terms of Service constitute the sole and entire agreement between you and Good Terms regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

  19. CONTACT US

    All feedback, comments, requests for technical support, and other communications relating to the Sites should be directed to lukas.kobr@goodterms.ai.