Go Software terms of service

1. Agreement

1.1. These Terms and Conditions (agreement) between you (User/s) and GoSoftware, Inc. govern User/s access to the use of GoSoftware Services.

1.2. Terms used

o “Service” – refers to all GoSoftware,Inc. Services that are provided by GoSoftware and are being used by Users in any combination. This can be software, learning material, enablement material (e.g. template or infographic) or resources.

o “User/s” – individual or corporate users making use of GoSoftware Service/s.

o GoSoftware – refers to GoSoftware,Inc, the owner of all GoSoftware Service/s, including but not limited to the source code, copyright and related learning & enablement material.

1.3. By using GoSoftware Service/s (either paid/free or trial Service), the User subscribes to the GoSoftware Terms and Conditions as stipulated in this document.

1.4. Users of GoSoftware Services confirm that they:

 o Can form legally binding contracts under applicable law

 o Confirm that they are eighteen (18) and above years old

 o Not a person barred from purchasing Services under the laws of the United States or other applicable jurisdiction.

 o If you enter into an agreement on behalf of a corporate entity

 o You have the legal authority to act on behalf of the entity

2. Beta Services and User feedback

2.1. If GoSoftware offers a pre-release version of a Service or additional features to existing Services, this will be called a “beta release”.

2.2. Users of “beta release” Services must be aware and agree:

 o The pre-release versions may not work properly

 o Users may be exposed to operational failures of the beta Services

 o All features may not be available

 o Final Services may be significantly different than beta Services

 o Customer support for beta Services may be limited due to focus on our commercial released Services

 o Customer feedback will be used at the discretion of GoSoftware to develop a final commercial Service

 o Any intellectual property inherent in your customer feedback provided in the beta testing will become the ownership of GoSoftware.

2.3. In addition to the above, GoSoftware shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions and/or User Reviews and/or User Feedback posted to our site(s), social platforms or e-mailed, and shall be entitled to the unrestricted use and dissemination of any User Submissions or User Reviews posted to our site(s) or social media for any purpose, commercial or otherwise, without acknowledgment or compensation to the User or to anyone else.

3. Free Services

3.1. Free Services are available for Users to use for as long as the Service is supported by GoSoftware.

3.2. If a specific Service line is discontinued, the Service will no longer be available.

3.3. Users will be provided with a 3-month notice before a Service is discontinued.

4. Services and customized Services

4.1. GoSoftware will confirm the terms and conditions with corporate entities if additional Services are provided and/or customised Services are developed (based on an agreed scope of work).

5. Trial period

5.1. Service/s are available for Users for a specified Trial period. Typically, this will be for a 7- or 14-day period as specified per Service.

5.2. Information / data captured by the User will be available post the Trial period if the User upgrades to a paid Service.

6. Refund policy

6.1.  GoSoftware Services will provide a trial version of the various Services. Due to this, if a purchase is made by a User, there is a no refund policy.

6.2. All prices are non-refundable unless otherwise expressly noted, even if a User’s account is suspended, terminated, or transferred prior to the end of the Service term.

6.3. Cancellations (including the reduction of Team slots) are non-refundable and payments will be adjusted or cancelled at end of the Service term.

7. User Security

7.1. User authentication is required before a new User/s can make use of GoSoftware Services.

7.2. The User is responsible for maintaining the confidentiality of:

 o Username and password

 o  Account information

7.3. The User must ensure that User Account information is correct and up to date.

8. Site Security

8.1.  GoSoftware puts security measures in place to protect the loss, misuse and alteration of the information under our control. We however cannot guarantee its absolute security.

8.2. GoSoftware uses 256-bit AES data encryption for both in transit and at rest data security. No method of electronic storage or transmission over the internet is 100% secure, however. Therefore, GoSoftware cannot guarantee its absolute security.

9. Data storage

9.1. All data related to GoSoftware Services is stored on servers.

9.2. All information is backed up on a continuous basis, but GoSoftware cannot guarantee that information will not get lost, corrupted or intercepted.

9.3. In the event of loss of information or data becoming corrupted, GoSoftware cannot be held liable for lost/corrupted data. GoSoftware can also not be held liable to recreate the data, or for any business disruptions and/or loss of revenue resulting from data integrity issues.

10. Use of software

10.1.  Users are free to use the software on any computer but will be limited to a single log on per session per User Account.

10.2. Users are not allowed to reverse engineer, decompile, or otherwise attempt to uncover the source code of GoSoftware Services.

11. Connectivity requirements

11.1. A high-speed Internet connection is required for proper transmission of the data. User/s are responsible for procuring and maintaining the network connections that connect User/s network to the Services, including, but not limited to, “browser” software that supports protocols used by GoSoftware, including the Secure Socket Layer (SSL) and/or Transport Layer Security (TLS) protocol or other protocols accepted by GoSoftware, and to follow procedures for accessing Services that support such protocols.

11.2. We are not responsible for notifying User/s, of any upgrades, fixes or    enhancements to any such software or for any compromise of data, including Service Data, transmitted across computer networks or telecommunications facilities (including but not limited to the Internet) which are not owned, operated or controlled by GoSoftware.

11.3. We assume no responsibility for the reliability or performance of any connections as described in this section.

12. Privacy policy

12.1. The User/s agrees to the GoSoftware Privacy Policy. 

12.2. GoSoftware will never share User information without permission or in ways other than as outlined in this document and in the Privacy Policy. The only exceptions to this are when GoSoftware is required by law, in the good faith belief that such action is necessary to comply with the law, or when GoSoftware must comply with a legal process. Examples of these types of exceptions are court orders, subpoenas, and UDRP/URS processes. In each of these situations, GoSoftware will carefully review the documentation provided and only comply if such documentation meets requisite legal standards.

13. Notices and consent to electronic communications

13.1. User/s consent to receiving electronic communications and notifications from GoSoftware in connection with User/s, use of the Services and this Agreement. User/s agree that any such communication will satisfy any applicable legal communication requirements, including that such communications be in writing.

13.2. GoSoftware may provide User/s with notices regarding the Services, including changes to this Agreement, by email to the email address of User/s. Notices that are provided by email will be effective when GoSoftware sends the email. It is the User/s responsibility to keep User/s email address current. User/s will be deemed to have received any email sent to the email address then associated with User/s account when GoSoftware sends the email, whether or not User/s actually receive the email.

13.3.  In the event User/s do not wish to accept any material change to the Services or to this Agreement, User/s shall have the right, as your sole remedy, to terminate this Agreement within thirty (30) days of GoSoftware’s notice of such change.

14. Right, trademark or copyright claims

14.1.  GoSoftware reserves all rights to the Service/s. The Service/s Users are authorized to use, are the intellectual property of GoSoftware. The source code and its organization are the exclusive property of GoSoftware and the software and related material are protected by copyright law.

14.2.  GoSoftware respects the copyrights and intellectual property rights of others.

14.3.  All GoSoftware Services have been developed by our own team of developers based on logic and code developed by GoSoftware, Inc.

15. Cancellation of Services

15.1. GoSoftware reserves the right to cancel or suspend a User account:

 o If non-payment of account

 o If User account information is untrue, inaccurate, not current, misleading or incomplete

 o If the User violates the GoSoftware terms and conditions in this document

16. Billing and payment

16.1.  Pricing for Service/s will be in accordance with GoSoftware’s pricing schedule.

16.2. Users may pay for Service/s by providing a valid credit or debit card (“Payment Method”).

16.3. Charges for the Service/s will be billed to the User’s chosen Payment Method as charges for “GoSoftware, Inc.”

16.4. GoSoftware uses third party payment processors (“Payment Processor”) to bill Users through a payment account linked to a User Account. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor, in addition to this Agreement. Stripe is used as the current Payment Processor, and User payments are processed by Stripe in accordance with Stripe’s terms of Service and privacy policy. Users agree to pay GoSoftware, through the Payment Processor, all charges at the prices then in effect for any purchase in accordance with the applicable payment terms. Users agree to make payment using the payment method provided with your User Account. GoSoftware reserve the right to correct, or to instruct our Payment Processor to correct, any errors or mistakes, even if payment has already been requested or received.

16.5. If a User contact their bank or credit card company to decline, chargeback or otherwise reverse the charge of any payable fees to GoSoftware (“Chargeback”), we may automatically terminate the User Account and linked Services. If you have questions about a payment made to GoSoftware, we encourage Users to contact Customer Support before filing a Chargeback. GoSoftware reserve the right to dispute any Chargeback.

16.6. GoSoftware reserves the right to change or modify its prices at any time, and such changes or modifications shall be posted online, and effective immediately without need for further notice to the User.

16.7.  If a User has purchased or obtained a Service for a period of months or years, changes or modifications in prices and fees shall be effective when the Service in question come up for renewal.

16.8. For Team subscriptions, additional slots can be added at any time and the payable amount will be calculated on a pro-rata basis. 

17. Automatic renewal

17.1.  To ensure Users do not experience interruption of software availability, Services will be renewed automatically until the subscription is canceled by the User.

17.2. The automatic renewals for the applicable Service will be for a renewal period equal in time to the most recent Service purchase period (e.g. one-month subscription will be renewed for another one month).

17.3. The payment method used for renewal will be the same used for the original payment.

17.4. Renewals will be made at the existing Service price.

17.5. Users with annual subscriptions, will be reminded regarding renewals prior to expiration.

17.6. Users may cancel their subscription at any time. Should you elect to cancel your subscription, Users will experience a loss of Service at expiration and GoSoftware will not be liable for any work that cannot be completed. This will also apply if the payment method chosen for automatic renewal fails.

17.7. It remains the User’s responsibility to notify GoSoftware of changes to payment method or update of User detail (e.g. credit card details). Failure to timely update User information, will lead to unavailability of Services.

17.8. If for any reason GoSoftware is unable to charge the User’s payment method for the full amount owed for the Service provided, or if GoSoftware receives notification of a chargeback, reversal, payment dispute, or are charged a penalty for any fee previously charged to your payment method, the User agrees that GoSoftware may pursue all available lawful remedies in order to obtain payment, including but not limited to, immediate cancellation of Service.

18. Service use period

18.1.  For a monthly payment plan, your monthly billing date will be determined based  on the day of the month you purchased the Service/s. The Service will be available for use for this period (day of purchase until day of renewal).

18.2. For an annual (or longer) payment plan, GoSoftware will automatically renew your Service on the same date you purchased your Service/s, when they come up for renewal and will take payment in accordance with the designated payment method at GoSoftware's then current rates. The User must cancel his/her subscription in the User account if they wish to not continue with the Service.

19. Currency and Tax

19.1.  All purchases are processed in US dollars.

19.2. For Users not based in the US, all currency fluctuations will be for your own account. GoSoftware cannot be held liable for any price changes due to currency fluctuations caused by a time delay between Service purchase and money flowing from a User’s account.

19.3. In addition, the User may be charged Taxes or additional offshore margin and/or fees, based on the country indicated in the billing address section. Any amounts to be charged will appear during the checkout process.

19.4. Where GoSoftware does not have a legal obligation to pay or collect indirect Taxes on a sale of Service/s to Users, you may be required to self-assess those Taxes under the applicable laws of your country (where the User is established, have a permanent address or usually reside).

19.5. If GoSoftware has a legal obligation to pay or collect indirect Taxes (such as value-added tax or goods and Services tax) on the sale to a User under the laws of your country (where the User is established, have a permanent address or usually reside), the User shall be liable for payment of any such indirect Taxes.

20. Customer support

20.1. GoSoftware provides customer support to Users at no additional fee for issues related to GoSoftware Services only.

20.2. GoSoftware has the right to decide what is a Service related issue and to charge additional fees or refuse support for non-GoSoftware Service related issues.

20.3. A User must request customer support by opening a Ticket through sending a request to support@go-software.org. GoSoftware make use of Freshdesk for our customer support software. 

20.4. The User must provide GoSoftware with all information and access that GoSoftware may reasonably require to provide the requested customer support.

21. Warranty and disclaimers

21.1. Service is provided “as is” without warranty of any kind either express or implied, including but not limited to the implied warranties or conditions of merchantability or fitness for a particular purpose.

21.2. No advice or information, whether oral or written, obtained by Users from GoSoftware, shall create any warranty. GoSoftware makes no warranty or representation that the Services will:

o Be timely, uninterrupted or error-free

o Meet your requirements or expectations; or

o Be free from viruses or other harmful components.

22. Limitation of liability

22.1. The User acknowledges and agrees that to the fullest extent permitted by applicable law, in no event will GoSoftware and its affiliates and its and their directors, officers, employees and agents be liable with respect to any claims arising out of or related to the Services or this Agreement for:

o Any indirect, special, incidental, exemplary, punitive or consequential damages

o Any loss of profits, revenue, data, goodwill or other intangible losses

 o Any losses (as defined below) related to your access to, use of or inability to access or use parts, some or all of your Account, Service/s, including without limitation interruption of use or cessation or modification of any aspect of the Service/s;

o Any losses related to unavailability, degradation, loss, corruption, theft,      unauthorized access or, unauthorized alteration of, any content, information or data

o Any User Content or other conduct or content of any user or third party using the Service/s, including without limitation defamatory, offensive or unlawful conduct or content

o Any Third Party Services or third party Services accessed or provided via GoSoftware Service/s.

22.2. GoSoftware shall for European Union (EU) Users, despite any other provision in this Agreement, provide the Services with reasonable care but will not be liable for any losses which were not a reasonably foreseeable consequence of our breach of this Agreement (except in relation to death or personal injury resulting from our negligence or fraud). These limitations apply to any theory of liability, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory, whether or not GoSoftware has been informed of the possibility of such damage, and even if a remedy set forth in this Agreement is found to have failed its essential purpose. To the fullest extent permitted by applicable law, in no event shall the aggregate liability of GoSoftware for all claims arising out of or related to the Service/s and this Agreement exceed the greater of twenty dollars ($20) or the amounts paid by you to GoSotware in the twelve (12) months immediately preceding the event that gave rise to such claim. If you are an EU User, GoSoftware is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors or other vicarious agents. An “EU User” means a natural person acting for purposes outside their trade, business, craft or profession (as opposed to a User for  business or commercial purposes) habitually residing in the European Economic Area.

23. Indemnification

23.1. To the fullest extent permitted by law, the User agrees to indemnify and hold harmless GoSoftware and its affiliates and its and their directors, officers, employees and agents from and against all damages, losses, liabilities, costs, claims, demands, fines, awards and expenses of any kind (including without limitation reasonable attorneys' fees and costs) (collectively, "Losses") arising out of or related to:

o The User’s breach of this Agreement

o The User making use of GoSoftware Service/s

o Any claims by, on behalf of or against the User (thus if a User uses GoSoftware Services to deliver a Service to his/her clients)

o The User violates any law or regulation or the rights or good name of any third party

o Any claims from tax authorities in any country against a User

23.2. The User’s indemnification obligations under this Section shall not apply to the extent directly caused by our breach of this Agreement or, where you are an EU Consumer, to the extent that the consequences were not reasonably foreseeable.

24. Dispute resolution

24.1. Before filing a claim against GoSoftware, the User agrees to try to work it out informally with GoSoftware first.

o The User agrees to try to resolve the dispute by first emailing

support@go-software.org with a description of your claim.

o GoSoftware will try to resolve the dispute informally by following up via email, phone or other methods. If we can’t resolve the dispute within thirty (30) days of our receipt of the User’s first email, the User or GoSoftware may then bring a formal proceeding.

24.2. All formal disputes must be resolved through arbitration. The User and GoSoftware agrees to resolve any claims, disputes and matters arising out of or in connection with this Agreement (including without limitation its existence, formation, operation and termination) and/or the Service/s (including without limitation non-contractual disputes and matters) through final and binding arbitration and the User and GoSoftware expressly waive the right to formal court proceedings (including without limitation trial by jury), except as set forth below.

24.3. Claims can only be brought individually, and not as part of a class action. Users may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, collective, consolidated or representative action. Class actions, class arbitrations, collective actions, private attorney general actions and consolidation with other arbitrations aren't allowed.

24.4. Any arbitration must be commenced by filing a demand for arbitration within one (1) year after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim. If applicable law prohibits a one (1) year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.

24.5. GoSoftware will appoint an experienced, independent third party that will act as the arbitrator, depending on the applicable jurisdiction where arbitration takes place.

24.6. Arbitration proceedings will be held virtually.

24.7. Arbitration fees will be determined based on the applicable jurisdiction where arbitration takes place. GoSoftware’s attorneys’ fees and costs in arbitration will be recovered if the arbitrator determines that the User’s claim is frivolous.

24.8. Exceptions To Arbitration Agreement:

o Notwithstanding anything in this Agreement, either the User or GoSoftware may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Service/s, or intellectual property infringement or misappropriation (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute resolution process described above.

24.9. Time For Filing:

o Any claim not subject to arbitration must be commenced within one (1) year after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim. If applicable law prohibits a one (1) year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.

25. Waiver, Severability and Assignment

25.1. GoSoftware’s failure or delay to enforce any provision of this Agreement is not a waiver of our right to do so later. If any provision of this Agreement is found unenforceable, the remaining provisions will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible.

25.2. Users may not delegate, transfer or assign this Agreement or any of your rights or obligations hereunder without GoSoftware’s prior written consent, and any such attempt will be of no effect.

25.3. GoSoftware may delegate, transfer or assign this Agreement or some or all of our rights and obligations hereunder, in our sole discretion, to any of our affiliates or subsidiaries or to any purchaser of any of our business or assets associated with the Service/s, with thirty (30) days prior written notice.

26. Modifications

26.1. GoSoftware may modify this Agreement from time to time, and will post the most current version on our site. If a modification meaningfully reduces the User’s rights, we’ll notify you (by, for example, sending you an email or displaying a prominent notice within the Service/s). The notice will designate a reasonable period after which the new terms will take effect. Modifications will not apply retroactively. By continuing to use or access the Service/s after any modifications come into effect, the User agrees to be bound by the modified Agreement and price changes. If you disagree with our changes, then you must stop using the Service/s and cancel all paid Service/s.

27. Events beyond our control

27.1. GoSoftware is not in breach of this Agreement or liable to the User if there is any total or partial failure of performance of the Service/s resulting from any act, circumstance, event or matter beyond our reasonable control.

27.2. This may include where such results from any act of God, fire, act of government or state or regulation, war, civil commotion, terrorism, insurrection, inability to communicate with third parties for whatever reason, failure of any computer dealing or necessary system, failure or delay in transmission of communications, failure of any internet Service provider, strike, industrial action or lock-out or any other reason beyond our reasonable control.

28. Contact details

28.1. If you have any questions regarding our Terms and Conditions, please contact GoSoftware at support@go-software.org.

29. Entire agreement

29.1. This Agreement constitutes the entire agreement between you and GoSoftware regarding the subject matter of this Agreement, and supersedes and replaces any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of this Agreement. User/s agree that you have not relied upon, and have no remedies in respect of, any term, condition, statement, warranty or representation except those expressly set out in this Agreement.

Last revised – 23 October 2020.