Effective Date: 07 Nov 2024
1. Acceptance of Terms
These Terms of Service (the "Terms") govern your access to and use of Goaliath, including the web and mobile experiences, any associated integrations, and all content, coaching tools, and services provided by Goaliath (collectively, the "Service"). By creating an account, downloading the mobile application, or otherwise using the Service you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not access or use the Service.
2. Eligibility & Account Responsibilities
- You must be at least 16 years old to use Goaliath.
- You are responsible for providing accurate registration information, maintaining the confidentiality of your credentials, and for all activity that occurs under your account.
- Notify us immediately at team@goaliath.online if you suspect unauthorized use of your account or a security breach.
3. Subscriptions, Trials & Billing
- Goaliath offers a 5-day free trial. Continued access requires a paid subscription.
- When you subscribe, you authorize Goaliath and our payment processor (Stripe) to charge the payment method you provide for recurring fees until you cancel.
- You may cancel at any time in your account settings; cancellation takes effect at the end of the current billing cycle. Fees already paid are non-refundable except where required by law.
- We may change pricing with advance notice; changes apply to subsequent billing cycles.
4. Acceptable Use & Community Standards
- Use the Service only for lawful purposes and in accordance with these Terms.
- Do not attempt to interfere with, disrupt, or reverse engineer any part of the Service or our security measures.
- Refrain from uploading or sharing content that is defamatory, infringing, harassing, hateful, or otherwise objectionable.
- We may investigate violations and suspend or terminate access for behavior that, in our judgment, harms the community or the Service.
5. Coaching, Wellness & Safety Disclaimer
Goaliath provides productivity, habit-building, and wellbeing tools. It does not provide medical, psychological, or legal advice. Always consult a qualified professional before making changes that could affect your health or wellbeing. If you experience an emergency, contact local emergency services immediately.
6. Device & Third-Party Integrations
Goaliath may connect with third-party services, including wearable devices such as Fitbit, calendars, or communication platforms. When you enable an integration, you authorize us to retrieve, process, and store data from those services consistent with our Privacy Policy. We do not control third-party services and are not responsible for their availability, accuracy, or security. Your use of third-party services is governed by their terms.
7. User Content & Feedback
- You retain ownership of content you submit to the Service. You grant Goaliath a worldwide, royalty-free license to host, use, process, and display that content solely to operate and improve the Service.
- If you provide feedback or suggestions, you grant us the right to use them without obligation or compensation.
- You represent that you have the necessary rights to upload content and that it does not infringe any third-party rights.
8. Intellectual Property
The Service, including all software, text, graphics, logos, and other materials, is owned or licensed by Goaliath and protected by intellectual property laws. Except for the rights expressly granted to you in these Terms, no other rights are granted. You may not copy, modify, distribute, sell, or lease any part of the Service without our prior written consent.
9. Privacy & Data Security
Our collection and use of personal information is described in our Privacy Policy. By using the Service, you acknowledge that processing of your data is necessary to deliver features such as analytics, personalized recommendations, and integrations with third-party services. We implement reasonable safeguards to protect your data, but no system is completely secure. You are responsible for protecting your devices and credentials.
10. Disclaimers
TO THE FULLEST EXTENT PERMITTED BY LAW, GOALIATH PROVIDES THE SERVICE "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We do not guarantee that the Service will be uninterrupted, error-free, or that results will meet your expectations.
11. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, GOALIATH AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND PARTNERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, USE, OR GOODWILL. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE IS LIMITED TO THE AMOUNT YOU PAID TO GOALIATH IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
12. Indemnification
You agree to defend, indemnify, and hold harmless Goaliath and its affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or related to your use of the Service, your violation of these Terms, or your infringement of any third-party rights.
13. Suspension & Termination
We may suspend or terminate your access to the Service at any time if we believe you have violated these Terms or if your use poses a security or legal risk. You may stop using the Service at any time. Upon termination, rights granted to you end immediately, but sections of these Terms that by their nature should survive (including payment obligations, ownership provisions, warranty disclaimers, and limitations of liability) will remain in effect.
14. Changes to the Service & Terms
We continuously update Goaliath to improve performance and deliver new features. We may modify or discontinue parts of the Service at any time. We may also update these Terms; if changes are material, we will provide reasonable notice via the app, email, or by updating the "Effective Date" above. Your continued use of the Service after the effective date of updated Terms constitutes acceptance of the changes.
15. Governing Law & Dispute Resolution
These Terms are governed by the laws of the State of Delaware, U.S.A., without regard to conflict-of-law principles. The parties agree to submit to the exclusive jurisdiction of the state and federal courts located in Delaware for any dispute not subject to arbitration or informal resolution. Before filing a claim, you agree to try to resolve the matter informally with us by contacting team@goaliath.online.
16. Miscellaneous
- These Terms constitute the entire agreement between you and Goaliath regarding the Service and supersede any prior agreements.
- If any provision is found unenforceable, the remaining provisions will remain in full force and effect.
- You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
- Our failure to enforce any right or provision is not a waiver of that right.