Welcome to GoApp!
Thanks for using our products and services (“Our Services”). Our services are provided by GoApp, LLC (“GoApp”) located at 633 W Davis St. Suite 211, Dallas, Texas, 75208, USA.
By using our products and services, you are agreeing to these terms (“Terms”) so please be sure to read them carefully. If you’re using our Services for an organization, you’re agreeing to these Terms on behalf of that organization.
Your Content & Permissions
When you use Our Services, you provide us with things like your files, videos, images, content, and so on (“Your Content”). Our Services also provide you with features like third-party content distribution, content previews, instant message center organization, application management, user and group management, reporting, editing, sharing, searching, web apps, websites, registration, and donation management. These and other features may require our systems to access, store, and scan Your Content (such as in providing reporting). You give us permission to do those things, and this permission extends to trusted third-parties we work with.
Your Content & Your Responsibilities
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Your Content and you must comply with our Acceptable Use Policy. Content that you published through Our Services may be protected by others’ intellectual property rights. Please don’t use that content if you do not have the right to do so.
GoApp does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via Our Services or endorse any opinions expressed via Our Services.
Your Content & Your Rights
You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
You agree that this license includes the right for GoApp, LLC to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals who partner with GoApp, LLC for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.
Such additional uses by GoApp, LLC, or other companies, organizations or individuals who partner with GoApp, LLC, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.
We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
You are responsible for your use of Our Services, for any Content you provide, and for any consequences thereof, including the use of Your Content by other users and our third party partners. You understand that Your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. GoApp, LLC will not be responsible or liable for any use of Your Content by GoApp, LLC in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
Your Content & Our Services
Some of Our Services allow you to upload, publish, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.
When you upload, submit, publish, store, send or receive content to or through our Services, you give GoApp (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content (such as when your GoApp Web App is published to the worldwide web). The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. Some of Our Services offers you ways to access and remove content that has been provided to that Service. You are required to have necessary rights to grant us this license for any content that you submit to our Services.
Your Content & Restrictions Using Our Services
You agree to be compliant with GoApp’s Acceptable Use Policy. We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of GoApp, LLC, its users and the public.
Your Content & Our Reporting
Our automated systems analyze your content (including emails) to provide you meaningful recommendations on how to better interact with your users through our platform. This analysis occurs as the content is sent, published, received, and when it is stored.
Your Content & Others
You understand that by using Our Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will GoApp, LLC be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by the general public, other users of the Services and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms.
Our Services & Future Changes
The Services that GoApp, LLC provides are always evolving and the form and nature of the Services that GoApp, LLC provides may change from time to time without prior notice to you. In addition, GoApp, LLC may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
Our Services & Your Privacy
By using Our Services, you consent to receiving electronic communications from GoApp relating to your account, in which you cannot opt-out of. These communications may involve sending emails to your email address provided during registration, or posting communications in your GoApp service account upon your log-in and will include notices about your account (ie., payment authorizations, change in password or Payment Method, confirmation e-mails and other transactional information) and are part of your relationship with GoApp.
You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy.
Our Services & Your Passwords
You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. GoApp, LLC cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
Our Services & Your Usage
You may use Our Services only if you can form a binding contract with GoApp, LLC and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of an organization, company, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
Usage: Subscription, Free Trials, Billing and Cancellation
Your GoApp Subscription, will continue month-to-month unless and until you cancel Your Subscription or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) to use the GoApp service. We will bill the monthly Subscription fee to your Payment Method. You must cancel your Subscription before it renews each month in order to avoid billing of the next month’s Subscription fees to your Payment Method.
i. Recurring Billing. By starting your GoApp subscription, you authorize us to charge you a monthly subscription fee at the then current rate, and any other charges you may incur in connection with your use of GoApp service to your Payment Method. You acknowledge that the amount billed each month may vary from month-to-month for reasons that may include differing amounts due to promotional offers and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.
ii. Price Changes. We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Conditions, any price changes to your service will take effect following email notice to you.
iii. Billing Cycle. The subscription fee for our service will be billed at the beginning of the paying portion of your subscription and each month therefore unless and until you cancel your subscription. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying subscription. Subscription fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying subscription began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your GoApp subscription or became a paying member on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your Subscription.
iv. No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future or similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
v. Payment Methods. You may edit your Payment Method information by logging into your online account. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates.
vi. Cancellation. You may cancel your GoApp subscription at any time by contacting the GoApp at 1-877-42-GOAPP (46277) M-F 8am EST – 8pmEST for instructions on how to cancel via 30 days written notice with all fees due paid in full, and you will continue to have access to the service through the end of your monthly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH SUBSCRIPTION PERIODS.
Usage: GoApp, LLC Rights
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of GoApp, LLC and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the v name or any of the GoApp, LLC trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding v, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
Usage: Copyright Policy
v respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, GoApp, LLC will also terminate a user’s account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:
Attn: Copyright Agent
633 W Davis St, Suite 211, Dallas, Texas, 75208
Usage: Ending Our Services
The Terms will continue to apply until terminated by either you or GoApp, LLC as follows.
You may end your legal agreement with GoApp, LLC at any time for any reason by deactivating your account(s) and discontinuing your use of the Services. You do need to specifically inform your assigned GoApp, LLC representative when you stop using the Services by contacting the GoApp at 1-877-42-GOAPP (46277) M-F 8am EST – 8pmEST.
We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.
In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following shall continue to apply: (1) Content on the Services (2) Your Rights (3) GoApp, LLC Rights (4) Restrictions on Content and Use of the Services (9) Copyright Policy (10) Ending Our Services (11) Disclaimers and Limitations of Liability (12) General Terms.
Nothing in this section shall affect GoApp, LLC rights to change, limit or stop the provision of the Services without prior notice.
Usage: Disclaimers and Limitations of Liability
Please read this section carefully since it limits the liability of GoApp, LLC and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “GoApp, LLC Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
A. The Services are Available “AS-IS”
Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE GOAPP, LLC ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
The GoApp, LLC Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or errorfree basis. No advice or information, whether oral or written, obtained from the GoApp, LLC Entities or through the Services, will create any warranty not expressly made herein.
The Services may contain links to third-party websites or resources. You acknowledge and agree that the GoApp, LLC Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the GoApp, LLC Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
C. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE GOAPP, LLC ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE GOAPP, LLC ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID GOAPP, LLC, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE GOAPP, LLC ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Usage: General Terms
A. Waiver and Severability
The failure of GoApp, LLC to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
B. Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of Texas without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in Dallas, Texas, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum
If you are a federal, state, or local government entity in the United States using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Texas (excluding choice of law).
C. Entire Agreement
We may revise these Terms from time to time, the most current version will always be at Terms of Service. If the revision, in our sole discretion, is material we will notify you via e-mail to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
These Services are operated and provided by GoApp, LLC 633 W. Davis St., Suite 211, Dallas Texas, 75208. If you have any questions about these Terms, please contact us.
Effective: August 11th, 2015
Revised: June 3, 2016