Terms of Use

Version 1.0

Effective Date: December 1, 2022

Last updated: November 19, 2022

These Terms and Conditions (“Terms and Conditions”) form a legal agreement between The Goodmojo Corp., Inc. and you, the individual (“you” and “your”) concerning your access to and use of the various services offered through the Websites and the Platforms (as defined below). Use of any of the Websites or Platforms constitutes your acceptance of these Terms and Conditions and the Web and Mobile Privacy Policy.

By using the Websites and/or the Platforms, you expressly agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, you should immediately cease all use of and access to all of the Websites and Platforms.

GOODMOJO CORP., INC (“GOODMOJO” OR “WE”) OPERATES THE GOODMOJO SERIES OF APPLICATION (EACH, AN “APPLICATION”), RELATED WEBSITES OF THE GOODMOJO, ITS AFFILIATES OR AGENTS WITH LINKS TO THIS TERMS OF USE (COLLECTIVELY, THE “PLATFORMS”) AND ANY RELATED SERVICES AND RESOURCES AVAILABLE OR ENABLED VIA THE WEBSITE OR APPLICATION (EACH A “SERVICE” AND COLLECTIVELY, THE “SERVICES”). PLEASE READ THIS TERMS OF USE AGREEMENT (THE “TERMS OF USE”) CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, SERVICES OR APPLICATION, CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS, AND/OR BROWSING THE WEBSITE, OR DOWNLOADING THE APPLICATION, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF USE, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH THE GOODMOJO, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF USE PERSONALLY OR ON BEHALF OF THE GOODMOJO YOU HAVE NAMED AS THE USER, AND TO BIND THAT GOODMOJO TO THE TERMS OF USE. THE TERM “YOU” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU REGISTERED ON THE WEBSITE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR THE SERVICES.

THE TERMS OF USE REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in the Terms of Use or will be presented to you for your acceptance when you sign up to use the supplemental Service. If the Terms of Use are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service. The Terms of Use and any applicable Supplemental Terms are referred to herein as the “Terms.”

Goodmojo knows that your privacy is important. For this reason, we have created a privacy policy that describes our collection, use and disclosure practices regarding any personal information that you provide to us. The security of your personal information is important to us. While there is no such thing as “perfect security” on the Internet, we will take reasonable steps to help protect the safety of your personal information. However, you understand and agree that such steps do not guarantee that the Website is invulnerable to all security breaches or immune from viruses, security threats or other vulnerabilities. We reserve the right to cooperate with local, state, provincial and national authorities in investigations of improper or unlawful activities and this may require the disclosure of your personal information.

PLEASE NOTE THAT The Terms are subject to change by THE Goodmojo in its sole discretion at any time. When changes are made, the Goodmojo will make a new copy of the Terms of Use available at the Website and within the Application and any new Supplemental Terms will be made available from within, or through, the affected Service on the Website or within the Application. We will also update the “Last Updated” date at the top of the Terms of Use. The Goodmojo may require you to provide consent to the updated Terms in a specified manner before further use of the Website, the Application and/ or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Website, the Application and/or the Services. Otherwise, your continued use of the Website, the Application and/or Services constitutes your acceptance of such change(s) PLEASE PRINT A COPY OF THESE TERMS AND CONDITIONS FOR YOUR RECORDS.

Background: We offer you a platform to access not limited to social benefit programs, service providers, non-profit agencies, or telehealth services. You’ll need to access the Platforms via remote access connectivity or download our Application and become a Registered User (see Section 2) to start your own profile, and then you start “connecting.” Based on your subscription level, certain features and functions will be made available to you, including the ability to access different service programs.

Goodmojo’s role

Goodmojo is not an insurance provider nor are we a prescription fulfillment warehouse nor we are a service provider. Goodmojo’s role is limited to making certain but not limited to social benefit programs, services, safety nets, supportive services, life improvements and telehealth, collectively referred to as “Service programs”, related information available to you and/or facilitate your access to Service Programs and the services associated with the service providers. Goodmojo is independent from service providers who will be providing such services to you through the Platform and is not responsible for such service providers’ acts, omissions or for any content of the communications made by them. Goodmojo does not engage in the practice of medicine, therapy or provide any other Service Programs.

Use of the Services and Platforms: The Application, the Software, the Website, the Services, and the information and content available on the Website and in the Application and the Services (as these terms are defined below) (collectively, the “Platforms”) are protected by copyright laws throughout the world. Subject to the Terms, the Goodmojo grants you a limited license to reproduce portions of the Platforms for the sole purpose of using the Services for your personal or internal business purposes. Unless otherwise specified by the Goodmojo in a separate license, your right to use any Platforms is subject to the Terms.

Application License: 

Access to the platforms:

You may access and use the Platforms via remote access connectivity. Goodmojo grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use the Platforms in accordance with these Terms and Conditions. In order to use the Platforms, you will be asked to register an account and create login information, including without limitation, username and passwords. You must safeguard your login information that you use to access the Platforms and you must not disclose this information to anyone. You must immediately notify Goodmojo of any unauthorized use of your user account or of any other breach of security that you become aware of involving and relating to the Platforms by email to privacy@goodmojo.us.

Mobile applications:

Subject to your compliance with the Terms, the Goodmojo grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Application on a single mobile device or computer that you own or control and to run such copy of the Application solely for your own personal or internal business purposes. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. With respect to any Application accessed through or downloaded from the Google Play  (an “Android App Store Sourced Application”), you will only use the App Store Sourced Application (i) on a product that runs the Android (Google’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Google Play App Store Terms of Service.

Goodmojo Software: Use of any software and associated documentation, other than the Application, the Platform, that is made available via the Website or the Services (“Software”) is governed by the terms of the license agreement that accompanies or is included with the Software, or by the license agreement expressly stated on the Website page(s) accessing Goodmojo the Software. These license terms may be posted with the Software downloads or at the Website page where the Software can be accessed. You shall not use, download or install any Software that is accompanied by or includes a license agreement unless you agree to the terms of such license agreement. At no time will the Goodmojo provide you with any tangible copy of our Software. The Goodmojo shall deliver access to the Software via electronic transfer or download and shall not use or deliver any tangible media in connection with the (a) delivery, installation, updating or problem resolution of any Software (including any new releases); or (b) delivery, correction or updating of documentation. For the purposes of this section tangible media shall include, but not be limited to, any tape disk, compact disk, card, flash drive, or any other comparable physical medium. Unless the Goodmojo license agreement expressly allows otherwise, any copying or redistribution of the Software is prohibited, including any copying or redistribution of the Software to any other server or location, or redistribution or use on a service bureau basis. If there is any conflict between the Terms and the license agreement, the license agreement shall take precedence in relation to that Software (except as provided in the following sentence). If the Software is a pre-release version, then, notwithstanding anything to the contrary included within an Goodmojo license agreement, you are not permitted to use or otherwise rely on the Software for any commercial or production purposes. If no license agreement accompanies use of the Software, use of the Software will be governed by the Terms. Subject to your compliance with the Terms, Goodmojo grants you a non-assignable, non-transferable, non-sublicensable, revocable non-exclusive license to use the Software for the sole purpose of enabling you to use the Services in the manner permitted by the Terms. Some Software may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.

Updates: You understand that the Platforms are evolving. As a result, the Goodmojo may require you to accept updates to the Platforms that you have installed on your computer or mobile device. You acknowledge and agree that the Goodmojo may update the Platforms with or without notifying you. You may need to update third-party software from time to time in order to use the Platforms.

Certain Restrictions: The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Platforms or any portion of the Platforms, including the Website, (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Platforms (including images, text, page layout or form) of the Goodmojo; (c) you shall not use any metatags or other “hidden text” using Goodmojo’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Platforms except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) access the Platforms in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of the Platforms may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Platforms. Any future release, update or other addition to the Platforms shall be subject to the Terms. The Goodmojo, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of the Platforms terminates the licenses granted by the Goodmojo pursuant to the Terms.

Prohibited uses

In using the Websites and Platforms, you agree not to: (a) Send or otherwise transmit to or through the Websites and Platforms any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful or otherwise objectionable material of any kind, any material that can cause harm or delay to the Websites and Platforms or computers of any kind, and any unsolicited advertising, solicitation or promotional materials; (b) Misrepresent your identity or affiliation in any way; (c) Restrict or inhibit any person from using or probably operate the Websites and Platforms, disclose personal information obtained from the Websites and Platforms or collect information about users of the Websites and Platforms; (d) Reverse engineer, disassemble or decompile any section or technology on the Websites and Platforms, or attempt to do any of the foregoing; (e) Gain unauthorized access to the Websites and Platforms, to other users’ accounts, names, personally identifiable information or other information, or to other computers or websites connected or linked to the Websites and Platforms; (f) Launch or use any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that access the Websites and Platforms in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser; (g) Send or otherwise transmit to or through the Websites and Platforms chain letters, unsolicited messages, so-called “spamming” or “phishing” messages, or messages marketing or advertising goods and services; (h) Post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment; (i) Violate any applicable laws or regulations in any way; (j) Alter or modify any part of the content or services offered on or through the Websites and Platforms; (k) Allow any other person to use the Platforms with your registration or login information; (l) Breach or otherwise circumvent Goodmojo’s security or authentication measures; and (m) Assist or permit any persons in engaging in any of the activities described above.

Acceptable Use: It is our goal to provide an enjoyable experience for all users. As a result, when you use the Platforms, you must follow our Acceptable Use Policy, which is incorporated by reference herein. You also may not advocate, encourage or assist any third party in violating our Acceptable Use Policy. We may amend this policy from time to time.

Third-Party Materials: As a part of the Platforms, you may have access to materials that are hosted by another party. You agree that it is impossible for Goodmojo to monitor such materials and that you access these materials at your own risk.

The Websites and Platforms may contain links to third-party websites. Linked sites are not under the control of Goodmojo, and Goodmojo is not responsible for the content of any linked site.  Links are provided as a convenience only, and a link does not imply that Goodmojo endorses, sponsors, or is affiliated with the linked site.  Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites; these Terms do not apply to other websites. Goodmojo disclaims any and all liability for any information, including but without limitation, any information set forth on linked sites.

No endorsements

Reference to any product, recording, event, process, publication, service, or offering of any third party by name, trade name, trademark, service mark, Goodmojo name or otherwise does not constitute or imply the endorsement or recommendation of such by Goodmojo. Any views expressed by third parties on the Websites and Platforms are solely the views of such third party and Goodmojo assumes no responsibility for the accuracy, or veracity of any statement made by such third party.

Your representations and warranties

By registering on the Platforms, you represent and warrant the following: (i) you are at least eighteen (18) years of age, (ii) you have the legal ability and authority to enter into these Terms and Conditions with Goodmojo, (iii) the information you have provided to Goodmojo in your registration is accurate and complete, (iv) you will comply with any and all laws applicable to your use of the Websites and Platforms, (v) you will not interfere with a third party’s use and enjoyment of the Websites and Platforms, (vi) you will not interfere with or disrupt Goodmojo’s or its vendors’ security measures, (vii) if any information you provide to Goodmojo becomes inaccurate, incomplete or otherwise false or misleading, you will immediately notify Goodmojo, (viii) you acknowledge that access to the Service Programs provided through the Platforms are not “insured services” under any provincial health plans nor they do not represent your eligibility to the services, (ix) you acknowledge that any fees paid by you or by any other persons on your behalf are not provided in exchange for any undertaking by Goodmojo or its representatives that such services will be made available to you, and (x) you are accessing the Websites and Platforms for yourself or a child under the age of eighteen for whom you are the legal guardian.

Intellectual property rights and content

Goodmojo is the sole and exclusive owner of the Websites and Platforms, including any and all copyright, patent, trademark, trade secret and other ownership and intellectual property rights, in and to the Websites and Platforms and any related materials and documentation. No title or ownership of the Websites and Platforms or any portion thereof is transferred to you hereunder. Goodmojo reserves all rights not expressly granted hereunder. You agree not to change or delete any copyright or proprietary notice related to materials downloaded from the Websites and/or Platforms.

You may provide input, comments or suggestions regarding the Websites and Platforms or Goodmojo Services (“Feedback”). You acknowledge and agree that Goodmojo may use any Feedback without any obligation to you and you hereby grant Goodmojo a worldwide, perpetual, irrevocable, royalty-free, transferable license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Feedback as Goodmojo may deem appropriate, without restriction, for any and all commercial and/or non-commercial purposes, in its sole discretion.

Children

The Websites and Platforms are not intended for children under the age of 13. If you are under 13 years of age, please do not use or access the Websites or Platforms at any time or in any manner. By using the Websites or Platforms, you affirm that you are over the age of 13. Goodmojo does not seek through the Websites or Platforms to gather personal information from or about persons under the age of 13 without the consent of a parent or guardian.

Registration

Registering Your Account: In order to access certain features of the Platforms you may be required to become a Registered User. For purposes of the Terms, a “Registered User” is a User who has registered an account on the Website (“Account”).

Registration Data: In registering for the Services, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the Services’ registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (1) at least thirteen (13) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using the Platforms under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Platforms by minors. You may not share your Account or password with anyone, and you agree to (1) notify the Goodmojo immediately of any unauthorized use of your password or any other breach of security; and (2) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or the Goodmojo has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Goodmojo has the right to suspend or terminate your Account and refuse any and all current or future use of the Platforms (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account at any given time. The Goodmojo reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use the Platforms if you have been previously removed by the Goodmojo, or if you have been previously banned from any of the Platforms.

Necessary Equipment and Software: You must provide all equipment and software necessary to connect to the Platforms, including but not limited to, a computer, a mobile device that is suitable to connect with and use the Platforms, in cases where the Services offer a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Platforms.

Responsibility for Content

Types of Content: You acknowledge that all Content, including the Platforms, is the sole responsibility of the party from whom such Content originated. This means that third parties, service providers, you, and not the Goodmojo, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) through the Platforms (“Your Content”), and other Users of the Platforms, and not the Goodmojo, are similarly responsible for all Content they Make Available through the Platforms (“User Content”).

No Obligation to Pre-Screen Content: You acknowledge that the Goodmojo has no obligation to pre-screen Content (including, but not limited to, Your Content and User Content), although the Goodmojo reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Terms, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications. In the event that the Goodmojo pre-screens, refuses or removes any Content, you acknowledge that the Goodmojo will do so for the Goodmojo’s benefit, not yours. Without limiting the foregoing, the Goodmojo shall have the right to remove any Content that violates the Terms or is otherwise objectionable.

Storage and access: Unless expressly agreed to by the Goodmojo in writing elsewhere, the Goodmojo has no obligation to provide storage and access for you for any of Your Content or information that you Make Available and consented Goodmojo for the use of research, aggregation, matching, computational tasks, and providing service coordination for you on the Platforms. The Goodmojo has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Platforms. Certain Services may enable you to specify the level at which such Services restrict access to Your Content. You are solely responsible for applying the appropriate level of access to Your Content. You agree that the Goodmojo retains the right to create reasonable limits on the Goodmojo’s use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described in the web pages as Goodmojo the Services and as otherwise determined by the Goodmojo in its sole discretion.

Ownership

Platforms: Except with respect to Your Content and User Content, you agree that the Goodmojo and its suppliers own all rights, title and interest in the Platforms. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or Goodmojo the Website, the Services, or the Platforms.

Trademarks: Goodmojo’s stylized name and other related graphics, logos, service marks and trade names used on or in connection with the Platforms or in connection with the Services are the trademarks of the Goodmojo and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Platforms are the property of their respective owners.

Other Content: Except with respect to Your Content, you agree that you have no right or title in or to any Content that appears on or in the Platforms.

Your Content: The Goodmojo does not claim ownership of Your Content. However, when you as a User post or publish Your Content on or in the Platforms, you represent that you own and/or have the rights to grant the license below in Section 5.5 for Your Content.

License to Your Content: Subject to any applicable account settings that you select, you grant the Goodmojo a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, Your Content (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed, for the purposes of operating and providing the Platforms to you and to our other Users. Before that scares you off, keep reading. We know these rights seem broad, but we are trying to cover all of the use cases for Your Content in one sentence – otherwise, this Agreement would be even longer. Don’t worry – this does not mean that all Content you provide us will be made publicly available. We will use Your Content in accordance with the settings in which you submitted such Content, as detailed under our Privacy Policy . To be clear, if Your Content is a journal entry or page, the default is private to you. Please remember that other Users may search for, see, use, and reproduce any of Your Content that you “publish” on the Platforms. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not the Goodmojo, are responsible for all of Your Content that you Make Available on or in the Platforms.

Third-party Content: Third-party content and information you access through the Platforms belong to the third-party, the content owner, Goodmojo does not claim ownership of the third-party’s content. All content, copyright, patent, trademark, trade secret and intellectual property are of the third-party’s.

Username: Notwithstanding anything contained herein to the contrary, by submitting Your Content to any forums, comments or any other area on the Platforms, you hereby expressly permit the Goodmojo to identify you by your username (which may be a pseudonym) as the contributor of Your Content in any publication in any form, media or technology now known or later developed in connection with Your Content.

Your Account: Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of the Goodmojo.

Your Profile: Any Content posted by you in your profile may not contain nudity, violence, sexually explicit, or offensive subject matter. You may not post or submit for print services a photograph of another person without that person’s permission.

Feedback: You agree that submission of any ideas, suggestions, documents, and/or proposals to the Goodmojo through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that the Goodmojo has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to the Goodmojo a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Platforms.

Investigations: The Goodmojo may, but is not obligated to, monitor or review the Platforms and Content at any time. Without limiting the foregoing, the Goodmojo shall have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if such Content violates the Terms or any applicable law. Although the Goodmojo does not generally monitor user activity occurring in connection with the Platforms or Content, if the Goodmojo becomes aware of any possible violations by you of any provision of the Terms, the Goodmojo reserves the right to investigate such violations, and the Goodmojo may, at its sole discretion, immediately terminate your license to use the Platforms, or change, alter or remove Your Content, in whole or in part, without prior notice to you.

Interactions with Other Users

User Responsibility: You are solely responsible for your interactions with other Users of the Services and any other parties with whom you interact through the Services; provided, however, that the Goodmojo reserves the right, but has no obligation, to intercede in such disputes. You agree that the Goodmojo will not be responsible for any liability incurred as the result of such interactions.

Content Provided by Other Users: The Platforms may contain User Content provided by other Users. The Goodmojo is not responsible for and does not control User Content. The Goodmojo has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to User Content. You use all User Content and interact with other Users at your own risk.

Third-Party Services

Third-Party Websites & Ads: The Platforms may contain links to third-party websites (“Third-Party Websites”) and advertisements for third parties (collectively, “Third-Party Websites & Ads”). When you click on a link to a Third-Party Website or Ad, we will not warn you that you have left the Platforms and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites are not under the control of the Goodmojo. The Goodmojo is not responsible for any Third-Party Websites & Ads. The Goodmojo provides these Third-Party Websites & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites & Ads, or their products or services. You use all links in Third-Party Websites & Ads at your own risk. When you leave our Website, our Terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

App Stores: You acknowledge and agree that the availability of the Application and the Services is dependent on the third party from which you received the Application license, e.g., the Apple iPhone or Android app stores (“App Store”). You acknowledge that the Terms are between you and the Goodmojo and not with the App Store. The Goodmojo, not the App Store, is solely responsible for the Platforms, including the Application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Platforms, including the Application. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the Platforms, including the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms and will have the right to enforce them.

Text Messaging Terms of Service

1. If you opt in to using Text Messaging on Goodmojo, you may receive one-off messaging describing how the feature works, alerting you about the state of your message balance, or handling any error cases. If you opt in to using the Daily Text Reminder, you may receive a daily text message reminding you to create a journal entry, and possibly some one-off messaging to assist you in turning that feature on or off as desired.
2. You can cancel the SMS service at any time. Just text “STOP” to the short code. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just send “START” or sign up as you did the first time and we will start sending/receiving SMS messages again.
3. If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at support@goodmojo.us.
4. Carriers are not liable for delayed or undelivered messages.
5. As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency from us may vary. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
6. If you have any questions regarding privacy, please read our privacy policy: https://goodmojo.us/privacy-policy/

Fees and Purchase Terms

General Purpose of Terms: Sale of Service, not Software: The purpose of the Terms is for you to secure access to the Services. All fees set forth within and paid by you under the Terms shall be considered solely in furtherance of this purpose. In no way are these fees paid considered payment for the sale, license, or use of the Goodmojo’s Software, and, furthermore, any use of the Goodmojo’s Software by you in furtherance of the Terms will be considered merely in support of the purpose of the Terms.

Payment: You agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. Currently, all payments are made through the Application. If the Goodmojo offers alternative methods of payment, you may be required to provide the Goodmojo with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) or PayPal account (“Payment Provider”). Your Payment Provider agreement governs your use of the designated credit card or PayPal account, and you must refer to that agreement and not the Terms to determine your rights and liabilities. By providing the Goodmojo with your credit card number or PayPal account and associated payment information, you agree that the Goodmojo is authorized to immediately invoice your Account for all fees and charges due and payable to the Goodmojo hereunder and that no additional notice or consent is required. You agree to immediately notify the Goodmojo of any change in your billing address or the credit card or PayPal account used for payment hereunder. The Goodmojo reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Platforms or by e-mail delivery to you.

Service Subscription Fees: You will be responsible for payment of the applicable fee for any Services (each, a “Service Subscription Fee”) at the time you upgrade to a premium subscription (each, a “Service Commencement Date”). Except as set forth in the Terms, all fees for the Services are non-refundable. No contract will exist between you and the Goodmojo for the Services until the Goodmojo accepts your order by a confirmatory e-mail or other appropriate means of communication.

Taxes: The Goodmojo’s fees are net of any applicable Sales Tax. If any Services, or payments for any Services, under the Terms are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to the Goodmojo, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify the Goodmojo for any liability or expense we may incur in connection with such Sales Taxes. Upon our request, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax, and any other tax measured by sales proceeds, that the Goodmojo is permitted to pass to its customers, that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.

Withholding Taxes: You agree to make all payments of fees to the Goodmojo free and clear of, and without reduction for, any withholding taxes. Any such taxes imposed on payments of fees to the Goodmojo will be your sole responsibility, and you will provide the Goodmojo with official receipts issued by the appropriate taxing authority, or such other evidence as we may reasonably request, to establish that such taxes have been paid.

Automatic Renewal: Your subscription will continue indefinitely until terminated by us or by you in accordance with the Terms. The subscription period for your subscription will be displayed via the Services at the time of purchase. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for an additional equivalent period, at the Goodmojo’s then-current price for such subscription. You agree that your Account will be subject to this automatic renewal feature unless you cancel your subscription at any time prior to the Renewal Commencement Date. If you do not wish your Account to renew automatically, or if you want to change or terminate your subscription, please log in and go to the account settings of the App Store used for your purchase. If you subscribed by a method other than through an App Store, you may contact us for further assistance at: support@dayoneapp.com. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize the Goodmojo to charge your Payment Provider now, and again at the beginning of any subsequent subscription period. Upon renewal of your subscription, if the Goodmojo does not receive payment from your Payment Provider, (i) you agree to pay all amounts due on your Account upon demand, and/or (ii) you agree that the Goodmojo may either terminate or suspend your subscription and continue to attempt to charge your Payment Provider until payment is received (upon receipt of payment, your Account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received).

Free Trials and Promotions: We may run promotional offers from time to time on the Website. The terms of any such promotion will be posted on the Website. Unless otherwise indicated, we may establish and modify, in our sole discretion, the terms of such offer and end such offer at any point. If you subscribed during a promotion, used a coupon code, or otherwise received a discount, your Subscription will automatically renew for the full Subscription Fee at the end of the discount period.

Disputes: You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement or such dispute will be deemed waived. Billing disputes should be notified to the following email address: support@goodmojo.us.

Indemnification: You agree to indemnify and hold the Goodmojo, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “Goodmojo Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Content; (b) your use of, or inability to use, the Platforms; (c) your violation of the Terms; (d) your violation of any rights of another party, including any Users; or (e) your violation of any applicable laws, rules or regulations. The Goodmojo reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Goodmojo in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, the Terms or your access to the Platforms.

Disclaimer of Warranties

As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE PLATFORMS IS AT YOUR SOLE RISK, AND THE PLATFORMS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. GOODMOJO PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

THE GOODMOJO PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE PLATFORMS WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE PLATFORMS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PLATFORMS WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE PLATFORMS WILL BE CORRECTED.

ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE PLATFORMS IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR PERSON, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE PLATFORMS, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.

THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. GOODMOJO MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM GOODMOJO OR THROUGH THE PLATFORMS WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

From time to time, THE Goodmojo may offer new “beta” features or tools with which its users may experiment. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at THE Goodmojo’s sole discretion. The provisions of this section apply with full force to such features or tools.

No Liability for Conduct of Third Parties: YOU ACKNOWLEDGE AND AGREE THAT THE GOODMOJO PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE GOODMOJO PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.

No Liability for Conduct of Other Users: YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORMS. YOU UNDERSTAND THAT GOODMOJO DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE PLATFORMS.

Limitation of Liability

Disclaimer of Certain Damages: YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL GOODMOJO PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE PLATFORMS, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT GOODMOJO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE PLATFORMS, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE THE PLATFORMS; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE PLATFORMS; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PLATFORMS; OR (5) ANY OTHER MATTER RELATED TO THE PLATFORMS, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.

Cap on Liability: UNDER NO CIRCUMSTANCES WILL THE GOODMOJO PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT RECEIVED BY THE GOODMOJO AS A RESULT OF YOUR USE OF THE PLATFORMS IN THE SUBSCRIPTION PERIOD DURING WHICH YOU FIRST ASSERT A CLAIM. IF YOU HAVE NOT PAID THE GOODMOJO ANY AMOUNTS IN THE SUBSCRIPTION PERIOD DURING WHICH YOU FIRST ASSERT ANY SUCH CLAIM, GOODMOJO’S SOLE AND EXCLUSIVE LIABILITY SHALL BE LIMITED TO FIFTY DOLLARS ($50).

User Content: THE GOODMOJO PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.

Basis of the Bargain: THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN GOODMOJO AND YOU.

EXCLUSION OF DAMAGES: CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Procedure for Making Claims of Copyright Infringement: It is the Goodmojo’s policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to the Goodmojo by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Platforms in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the Platforms of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for the Goodmojo’s Copyright Agent for notice of claims of copyright infringement is as follows: Goodmojo App Copyright Agent, 60 29th Street #343 San Francisco, CA 94110.

Term and Termination

Term: The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use the Platforms, unless terminated earlier in accordance with the Terms.

Prior Use: Notwithstanding the foregoing, if you used the Platforms prior to the date you accepted the Terms, you hereby acknowledge and agree that the Terms commenced on the date you first used the Platforms (whichever is earlier) and will remain in full force and effect while you use the Platforms, unless earlier terminated in accordance with the Terms.

Termination of Services by Goodmojo: If you do not have a subscription for the Platforms, we may suspend, modify or terminate any of the Services or Platforms at any time. The Service Subscription Fee for any Service shall be non-refundable. If timely payment cannot be charged to your Payment Provider for any reason, if you have materially breached any provision of the Terms, or if the Goodmojo is required to do so by law (e.g., where the provision of the Website, the Application, the Software or the Services is, or becomes, unlawful), the Goodmojo has the right to suspend or terminate any Services provided to you. You agree that all terminations for cause shall be made in the Goodmojo’s sole discretion and that the Goodmojo shall not be liable to you or any third party for any termination of your Account.

Termination of Services by You: If you want to terminate the Services provided by the Goodmojo, you may do so by (a) notifying the Goodmojo at any time and (b) closing your Account for all of the Services that you use. Your notice should be sent, in writing, to the Goodmojo’s address set forth below.

Effect of Termination: Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services also includes deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof), including Your Content. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases. The Goodmojo will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.

Remedies

Violations: If the Goodmojo becomes aware of any possible violations by you of the Terms, the Goodmojo reserves the right to investigate such violations. If, as a result of the investigation, the Goodmojo believes that criminal activity has occurred, the Goodmojo reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. The Goodmojo is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Platforms, including Your Content, in the Goodmojo’s possession in connection with your use of the Platforms, to (1) comply with applicable laws, legal process or governmental request; (2) enforce the Terms, (3) respond to any claims that Your Content violates the rights of third parties, (4) respond to your requests for customer service, or (5) protect the rights, property or personal safety of the Goodmojo, its Users or the public, and all enforcement or other government officials, as the Goodmojo in its sole discretion believes to be necessary or appropriate. Breach. In the event that the Goodmojo determines, in its sole discretion, that you have breached any portion of the Terms, or have otherwise demonstrated conduct inappropriate for the Platforms, the Goodmojo reserves the right to:

• Warn you via e-mail (to any e-mail address you have provided to the Goodmojo) that you have violated the Terms;
• Delete any of Your Content provided by you or your agent(s) to the Platforms;
• Discontinue your registration(s) with the any of the Platforms, including any Services or any Goodmojo community;
• Discontinue your subscription to any Services;
• Notify and/or send Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or
• Pursue any other action which the Goodmojo deems to be appropriate.

No Subsequent Registration: If your registration(s) with or ability to access the Platforms, or any other Goodmojo community is discontinued by the Goodmojo due to your violation of any portion of the Terms or for conduct otherwise inappropriate for the community, then you agree that you shall not attempt to re-register with or access the Platforms or any Goodmojo community through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those Platforms to which your access has been terminated. In the event that you violate the immediately preceding sentence, the Goodmojo reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.

International Users: The Platforms can be accessed from countries around the world and may contain references to Services and Content that are not available in your country. These references do not imply that the Goodmojo intends to announce such Services or Content in your country. The Platforms are controlled and offered by the Goodmojo from its facilities in the United States of America. The Goodmojo makes no representations that the Platforms are appropriate or available for use in other locations. Those who access or use the Platforms from other jurisdictions do so at their own volition and are responsible for compliance with local law.

General Provisions

Electronic Communications: The communications between you and the Goodmojo use electronic means, whether you visit the Platforms or send the Goodmojo e-mails, or whether the Goodmojo posts notices on the Platforms or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from the Goodmojo in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that the Goodmojo provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

Release: You hereby release the Goodmojo Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Platforms, including but not limited to, any interactions with or conduct of other Users or third-party websites of any kind arising in connection with or as a result of the Terms or your use of the Platforms. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

Assignment: The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without the Goodmojo’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

These Terms and Conditions are personal to you, and are not assignable, transferable, or sublicensable by you except with Goodmojo’s prior written consent. Goodmojo may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.

Force Majeure: The Goodmojo shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

Compliance: If you believe that the Goodmojo has not adhered to the Terms, please contact the Goodmojo by emailing us at support@dayoneapp.com. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.

Limitations Period: YOU AND THE GOODMOJO AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS, THE PLATFORMS OR THE CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Dispute Resolution

Any claim or dispute (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms where the total amount of the award sought is less than Five Thousand U.S. Dollars (US $5,000.00) may be resolved in a cost effective manner through binding non-appearance-based arbitration, at the option of the party seeking relief. Such arbitration shall be initiated through an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section and under the rules of such ADR Provider, except to the extent such rules are in conflict with the Terms. The party demanding arbitration will propose an ADR Provider and the other party shall not unreasonably withhold consent to use such ADR Provider. The ADR Provider and the parties must comply with the following rules: (1) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (2) all arbitration proceedings shall be held in English; (3) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed to by the parties; and (4) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the ADR Provider. Notwithstanding the foregoing, the Goodmojo may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction. Please note that the laws of the jurisdiction where you are located may be different from California law, including the laws governing what can legally be sold, bought, exported, offered or imported. You shall always comply with all the international and domestic laws, ordinances, regulations and statutes that are applicable to your use of the Platforms. Any other dispute (including whether the claims asserted are arbitrable) shall be referred to and finally determined by binding and confidential arbitration. Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”). As modified by the Terms, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively “Rules and Procedures”).

You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.

You and the Goodmojo must abide by the following rules: (i) ANY CLAIMS BROUGHT BY YOU OR THE GOODMOJO MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (ii) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (iii) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, the Goodmojo will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (iv) the Goodmojo also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (v) the arbitrator shall honor claims of privilege and privacy recognized at law; (vi) the arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for the purposes of enforcement of the arbitration award; (vii) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (viii) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and then in such instance, the fees and costs awarded shall be determined by applicable law.

The arbitral proceedings, and all pleadings and written evidence will be in the English language. Any written evidence originally in a language other than English will be submitted in English translation accompanied by the original or true copy thereof. The English language version will control. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator will not have authority to award damages in excess of the amount, or other than the types, allowed by Section 12 of the Terms. Judgment on the award of the arbitrator may be entered by any court of competent jurisdiction. The arbitrator also shall be authorized to grant any temporary, preliminary or permanent equitable remedy or relief it deems just and equitable and within the scope of the Terms, including, without limitation, an injunction or order for specific performance. The arbitration award shall be final and binding upon the parties without appeal or review except as permitted by California law or United States federal law.

Notwithstanding the foregoing, either you or the Goodmojo may bring an individual action in small claims court. Further, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in San Francisco County, California. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in San Francisco County, California, in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within San Francisco County, California for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.

With the exception of (d)(i) and (ii) above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either (d)(i) or (ii) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor the Goodmojo shall be entitled to arbitration. If for any reason, a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court in San Francisco County, California. By using the Platforms in any manner, you agree to the above arbitration provision.

For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.

Governing Law: The Terms and any action related thereto will be governed and interpreted by and under the laws of the State of Delaware, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

Choice of Language: It is the express wish of the parties that the Terms and all related documents have been drawn up in English.

Notice: Where the Goodmojo requires that you provide an e-mail address, you are responsible for providing the Goodmojo with your most current e-mail address. In the event that the last e-mail address you provided to the Goodmojo is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, the Goodmojo’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to the Goodmojo at the following address: Goodmojo, 810 Broadway Street, Suite 150, San Francisco, CA 94111. Such notice shall be deemed given when received by the Goodmojo by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.

Waiver: Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

Severability: If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

Export Control: You may not use, export, import, or transfer the Platforms except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Platforms, and any other applicable laws. In particular, but without limitation, the Platforms may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Platforms, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Platforms for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by Goodmojo are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer the Goodmojo products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.

Accessing and Download the Application from iTunes: The following applies to any Application accessed through or downloaded from the Apple App Store (“App Store Sourced Application”):

You acknowledge and agree that (i) the Terms are concluded between you and the Goodmojo only, and not Apple, and (ii) the Goodmojo, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.

You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.

In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between the Goodmojo and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of the Goodmojo.

You and the Goodmojo acknowledge that, as between the Goodmojo and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

You and the Goodmojo acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between the Goodmojo and Apple, the Goodmojo, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms.

You and the Goodmojo acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.

Without limiting any other terms of the Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.

Entire Agreement: The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

Contact / Notices

If you have any questions about the Terms and Conditions, or need to provide notice to, or communicate with, Goodmojo under the Terms and Conditions, please contact Goodmojo using the following contact details:

Goodmojo
Privacy Officer
810 Broadway, Suite 150
San Francisco, CA 94111

privacy@goodmojo.us

ACCEPTABLE USE POLICY

Last Updated: November 19, 2022

Welcome to the Goodmojo Acceptable Use Policy, which describes the guidelines applicable to your use of the services provided for the Goodmojo mobile application, website and related services (“Services”). You are responsible for ensuring that your use of the Services, including any content that you provide, upload, or otherwise make available to the Services (“Your Content”), complies with these guidelines.

You will not use, or permit or encourage others to use, the Services for any illegal, harmful, or offensive use or to transmit, store, display, distribute or otherwise make available User Content that is illegal, harmful, or offensive. Examples of prohibited use or content include:

Illegal Activities: Any activities that violate applicable law, rule, or regulation, including advertising, transmitting, or making available gambling sites or services or distributing, uploading, downloading, enabling, or promoting child pornography.

Harmful or Fraudulent Activities: Activities that may be harmful to others or our operations, business, or reputation, including offering fraudulent goods, services, schemes, or promotions (e.g., make-money-fast schemes, ponzi and pyramid schemes, phishing, or pharming), or engaging in other deceptive practices.

Infringing Content: Content that may infringe, misappropriate, or violate the rights of any third party, such as, but not limited to, copyrights, trademarks, and rights of privacy or publicity.

Offensive Content: Obscene, vulgar, or offensive content; defamatory content; content that harasses, threatens, or abuses other persons or groups; sexual content or nudity involving persons under the age of 18; and content depicting non-consensual sex acts.

Harmful Content: Content or technology that may damage, interfere with, intercept, or expropriate any data, information, program, or systems, including viruses, malware, Trojan horses, worms, time bombs, corrupted files, or cancelbots.

Fraud or Impersonation: Impersonate any person or entity, including, but not limited to, the Goodmojo personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity.

Inappropriate Content: Make available any content that you do not have a right to Make Available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);

You will not use the Services to violate the security or integrity of any network, computer or communications system, software application, or network or computing device (each, a “System”). Examples of prohibited use include:

Unauthorized Access: Accessing or using any System without permission, including attempting to probe, scan, or test the vulnerability of a System or to breach any security, access control or authentication measures used by a System.

Interception: Monitoring of data or traffic on a System without permission.

Falsification of Origin: Forging TCP-IP packet headers, e-mail headers, or any part of a message describing its origin or route. This prohibition does not include the use of aliases or anonymous remailers.

You will not engage in activities of any kind that may interfere with or disrupt the functioning of any of the Services or the servers and networks used to provide any Services, including, but not limited to:

Unauthorized communication: Making network connections to any users, hosts, or networks unless you have permission to communicate with them.

Monitoring or Crawling: Monitoring or crawling of a System that impairs or disrupts the System being monitored or crawled.

Denial of Service (DoS): Sending a target communications requests in a manner such that the target either cannot respond to legitimate traffic or responds so slowly that it becomes ineffective.

Intentional Interference: Interfering with the proper functioning of any System, including any deliberate attempt to overload a system by mail bombing, news bombing, broadcast attacks, or flooding techniques.

Operation of Certain Network Services: Operating network services like open proxies, open mail relays, or open recursive domain name servers.

Avoiding System Restrictions: Using physical or electronic means to avoid any use limitations placed on any System, such as access and storage restrictions.

You will not use the Services for or any part thereof for any commercial purpose, including, but not limited to communicating or facilitating any commercial advertisement or solicitation. In addition, you may not market any goods or services for any business purposes, nor may you reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose any portion of the Services (including your Account), or access to or use of the Services;

You will not distribute, publish, send, or facilitate the sending of unsolicited commercial or mass e-mail or other messages, promotions, advertising, or solicitations (e.g., “spam”), including commercial advertising and informational announcements. You will not alter or obscure mail headers or assume a sender’s identity without the sender’s explicit permission. You will not collect replies to messages sent from another internet service provider if those messages violate this Acceptable Use Policy or the policies of that provider.