Terms & Conditions
These Terms of Service (the “Terms”, “Terms of Service” or “Agreement”) are made and entered into by and between you (“User”, “you” or “your”) and Gosadi, LLC, an Illinois limited liability company (referred to in these Terms as “gosadi”, “we”, “us” or “our”) for the use of the website http://gosadi.com, any site or sub-site hosted thereon, and any mobile application or other software provided by us (collectively, the “Platform” or “Service”).
You understand and agree that we may change these Terms at any time without prior notice. You may read a current, effective copy of these Terms at any time by selecting the “Terms of Service” link on the Platform. The revised terms and conditions will become effective at the time of posting. Any use of the Platform, products, or services after such date shall constitute your acceptance of such revised terms and conditions. If any change to these Terms is not acceptable to you, your sole remedy is to cease accessing, browsing, and otherwise using the Platform, products, or services. We will not be liable if for any reason all or any part of the Platform, products, or services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, products, or services to users, including registered users. You are responsible for making all arrangements necessary on your end to have access to the Platform, products, or services and ensuring that all persons who access the Platform, products, or services through your internet connection are aware of and comply with these Terms.
ARBITRATION NOTICE. Except for certain kinds of disputes described in this Arbitration Agreement, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND GOSADI ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (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 (See the Arbitration Agreement contained herein).
Table of Contents
gosadi provides a personalized virtual platform, which enables you to a create an Account and post goods and products that can be listed across multiple e-commerce platforms, as further set forth below. gosadi gives you more time to create, helping you streamline your e-commerce channels into one central product hub. Our creators-first approach sets us apart. gosadi is for anyone designing or releasing knitting, crochet, or Tunisian crochet patterns through e-commerce marketplaces and blogs. This includes independent designers, publishers, magazine teams, and virtual management professionals who services in this space. gosadi allows sellers to centrally manage your e-commerce by creating or importing patters all at once, then easily publish them across your various e-commerce channels. We also allow designers to create landing pages to showcase your patterns in a single location, where your customers can choose where and what they want to purchase. The Platform is created, owned, and operated by Gosadi, LLC.
By agreeing to these Terms, you represent and warrant to us that: (a) you are at least eighteen (18) years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are under the age of eighteen (18), you represent that you have your parent’s or legal guardian’s permission to use the Service.
Notice to Parents and Legal Guardians. If you are a parent or legal guardian who allows your minor children to use the Service through your Account, you accept these Terms on behalf of your child and are responsible for your child’s activity on the Service. If you (or your parent or legal guardian, as may be applicable) do not agree to these Terms, you may not use our Service.
Accounts and Registration.
To gain access to the Services, you must create an account (“Account”). When you register for an Account, you will be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up to date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your Account is no longer secure, then you must immediately notify us at firstname.lastname@example.org.
General Payment Terms.
Although gosadi may, in its discretion, make certain features and content of the Service available free of charge to certain users, other features of the Service may require you to pay fees in accordance with the terms below. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are stated in U.S. Dollars and shall be deemed non-refundable, once paid.
Prices. gosadi reserves the right to determine pricing for the Service. gosadi will make reasonable efforts to keep pricing information published on the Platform up to date. We encourage you to check our Platform periodically for current pricing information. gosadi may change the fees for any feature of the Service, including additional fees or charges, if gosadi gives you advance notice of changes before they apply. gosadi, at its sole discretion, may make promotional offers with varying features and legal terms available to select Users. Any such promotional offers, unless made to you and accepted by you, will not apply to your use of the Service.
Authorization. You authorize gosadi to charge all amounts applicable for paid features that you choose to utilize and any level of Service you select as described in these Terms or published by gosadi on the Service, from time to time, including all applicable taxes, to the payment method specified in your Account. If you pay any fees with a credit card, gosadi may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
Payment Processing. Payment processing services on our Platform are provided by Stripe® and are subject to Stripe’s terms and conditions, available at https://stripe.com/legal/ssa (collectively, the “Stipe Services Agreement”). By agreeing to these Terms or continuing to access our Platform or Service, you agree to be bound by the Stripe® Services Agreement, as the same may be modified by Stripe® from time to time. As a condition of gosadi enabling payment processing services through Stripe®, you agree to provide gosadi accurate and complete information about you and/or your business, and you authorize gosadi to share it and the transaction information related to your use of the payment processing services provided by Stripe®.
Subscription Service. The Service may include automatically recurring payments for periodic charges (“Subscription Service”). If you activate a Subscription Service, you authorize gosadi to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The “Subscription Billing Date” is the date when you purchase your first subscription to the Service. UNLESS EXPRESSLY STATED OTHERWISE AT THE TIME YOU ACTIVATE A SUBSCRIPTION SERVICE: (A) YOUR ACCOUNT WILL BE CHARGED AUTOMATICALLY ON THE SUBSCRIPTION BILLING DATE ALL APPLICABLE FEES AND TAXES FOR THE NEXT SUBSCRIPTION PERIOD, (B) THE SUBSCRIPTION WILL CONTINUE UNLESS AND UNTIL YOU CANCEL YOUR SUBSCRIPTION OR WE TERMINATE IT, AND (C) YOU MUST CANCEL YOUR SUBSCRIPTION BEFORE IT RENEWS IN ORDER TO AVOID BILLING OF THE NEXT PERIODIC SUBSCRIPTION FEE TO YOUR ACCOUNT. We will bill the periodic Subscription Fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information), or as otherwise specified in your Account. You may cancel any Subscription Service by following the instructions in your Account or contacting us at email@example.com.
Free Trial. We sometimes offer free trials to new users or users which invites new users to the Platform. gosadi may decide at any point to remove or extend this period as it wishes and when. If a user receives a free period, the account will be charged according to the user’s chosen subscription at the end of the free trial.
Delinquent Accounts. gosadi may suspend or terminate your access to the Service, including fee-based portions of the Service, if you owe any amount to us which remains unpaid for a period of thirty (30) days or more. In addition to the amount due we may charge you fees and costs that are incidental to any chargeback or collection of any the unpaid amount, including legal fees and costs.
Additional Features. We may at any time in the future, in our sole discretion, introduce other paid features or customization assets, such as, but not limited to virtual clothing, accessories, and makeup, which may require the payment of additional fees.
Limited License. Subject to your complete and ongoing compliance with these Terms, gosadi grants you, solely for your personal use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service.
License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service or any Content featured thereon; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it.
Feedback. If you choose to provide input and suggestions regarding the design and performance of the Service, problems with, or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant gosadi an unrestricted, perpetual, irrevocable, non-exclusive, fully paid, royalty-free right to exploit your Feedback in any manner and for any purpose, including to improve the Service and create other products and services.
Ownership; Proprietary Rights.
The Service is owned and operated by Gosadi, LLC. All Content, visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by gosadi are protected by intellectual property and other laws. All Materials included in the Service, are the property of gosadi or its third-party licensors. Except as expressly authorized by gosadi, you may not make use of the Materials except in connection with your use of the Service. gosadi reserves all rights to the Materials not otherwise set forth expressly in these Terms.
Third Party Services and Tools
Linked Websites. The Platform may contain links to third-party websites (“Third-Party Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such Third-Party Sites. The content of such Third-Party Sites is developed and provided by others, not by gosadi, and we have no control over any content or legal terms contained in any Third-Party Sites. You should contact the site administrator for those Third-Party Sites if you have any concerns regarding such links or any content located on such Third-Party Sites. To the fullest extent permitted under applicable law, gosadi is not responsible for the content of any linked Third-Party Sites and do not make any representations regarding the content or accuracy of any materials on such Third-Party Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access any Third-Party Sites, you do so at your own risk.
Third-Party Service Providers. gosadi does not warrant, endorse, guarantee, or assume any responsibility or liability for any product or service advertised or offered by a third-party (“Third-Party Service Provider”) through our Platform or Service. If you use any product or service offered by a third-party in conjunction with the Platform, you acknowledge and agree that (i) you are responsible for understanding the terms and conditions of your use of the third-party product or service; (ii) we do not control the third-party or its product or service; (iii) your use of their product or service is at your own risk; and (iv) we are not responsible and may not be held liable for the product or service, or the actions or omissions, of the third-party. Subject to these disclaimers, we may use certain Third-Party Service Providers to gather data and authenticate information regarding you, your device, and your Account. In some instances, this may require you to accept third-party software tools and products through the Platform. You further agree we may place cookies and other identifiers on the mobile devices you use to access our Platform and our Service, as specified in these Terms or on our Platform.
Integrations. As part of our Service, our Platform integrates with Etsy®, Raverly®, Shopify®, Stripe®, OpenAI, Antrhopic, and other third parties, each of which are Third-Party Service Providers. By using our Service or accessing the Platform, you expressly agree to be bound all terms and conditions of all such Third-Party Service Providers. If you do not agree to all web terms and policies of the foregoing Third-Party Services Providers, you are not authorized to use our Service or access our Platform. For more information, please read the applicable Terms of Service and Privacy Policies, to which you expressly agree:
OpenAI: Terms and Policies
Social Media Networks. Our Platform may also integrate with third-party social media platforms, including but not limited to Facebook®, Instagram®, X (formerly Twitter), and YouTube® (“Social Media Platforms”). By using our Service or accessing the Platform, you expressly agree to be bound all terms and conditions all Social Media Platforms that integrate with our Platform. If you do not agree to all web terms and policies of the foregoing Social Media Platforms, you are not authorized to use our Service or access our Platform. For more information, please read the applicable Terms of Service and Privacy Policies, to which you expressly agree:
Facebook: Policies Center
Other Third-Party Tools. We may provide with access to third-party tools (“Third-Party Tools”) which we neither monitor nor have any control or input. You acknowledge and agree that we provide access to such tools “AS IS” and “AS AVAILABLE” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of option Third-Party Tools. Any use by you of optional tools offered through the Platform is entirely at your own risk and discretion and you should ensure that you are familiar with and approve the terms on which tools are provided by the relevant Third-Party Service Providers. We may also, in the future, offer new services and/or features through the Platform (including, the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.
In order to use our Service as an advertiser or publisher, you must provide us with your affiliate links and/or discount codes, and must keep such links and codes accurate and up to date at all times. We are not responsible for any errors or issues caused by your failure to provide accurate and up to data affiliate links and/or discount codes. You represent and warrant that you, and not gosadi, is solely responsible for compliance with all affiliate programs of the brands that you promote or otherwise feature in your Content and in connection with your use of the Platform and the Platform, and you further represent and warrant that you have a formal and approved affiliate relationship with such brands, or otherwise have permission from those brands to promote or otherwise feature such brands in your Content and in connection with your use of the Platform.
User Content. Any materials submitted by you, including, without limitation, photographs, videos, images, text, graphics, and other materials (collectively, “User Content”) are subject to the following terms and conditions:
You will retain ownership of your User Content, but you grant us and our designees a worldwide, non-exclusive, transferable, royalty-free, perpetual irrevocable right and license, with right of sublicense (through multiple tiers), to use, reproduce, distribute (through multiple tiers), create derivative works of and publicly display such User Content solely in connection with the production or provision of any product or service you request or to show you how your User Content would appear in our products or services.
Please note that, while you retain ownership of your User Content, any template or layout in which you arrange or organize such User Content through tools and features made available through any of our Sites and Apps are not proprietary to you, and the rights to such template or layout will remain with us.
You represent and warrant that you own or otherwise possess all necessary rights with respect to the User Content, and that the User Content do not and will not infringe, misappropriate, use or disclose without authorization or otherwise violate any copyright, trademark, trade secret right or other intellectual property or other property right of any third party, and that the User Content are not unlawful, fraudulent, threatening, abusive, hateful, libelous, defamatory, obscene, confusingly similar to brands or branded products sold by others or otherwise objectionable.
You consent to the use of your name, image, and/or likeness, and you have obtained the written consent, release, and/or permission of every identifiable individual who appears in User Content to use such individual’s likeness, for purposes of using and otherwise exploiting the User Content in the manner contemplated by these Terms, or, if any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from such individual’s parent or guardian (and you agree to provide to us a copy of any such consents, releases and/or permissions upon our request). If you do submit a submission that contains the name, image, or likeness of an identifiable individual under the age of eighteen (18), we strongly encourage you not to include any identifying information (such as the individual’s name or address) with such User Content.
You agree that we may (but are not obligated to) filter any User Content (including, without limitation, deleting or replacing expletives or other harmful or offensive language), refuse to use any User Content (including, without limitation, suspending processing and shipping of any order relating to any User Content) and/or disclose any User Content and the circumstances surrounding the use thereof, to any third party in order to provide the applicable products or services, to enforce these Terms or to comply with legal obligations or governmental requests.
User Content that violates these Terms may be removed from our Platform at any time; provided, however, that we have no obligation to remove User Content in response to user reports or requests. We are not responsible for, and will have no liability for, the removal, non-removal or loss of any User Content from our Sites and Apps. We recommend you keep back-up copies of your User Content on your hard drive or other personal system.
Limited License Grant to gosadi. By providing User Content to or via the Service, you grant gosadi a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.
User Content Representations and Warranties. gosadi disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant that:
you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize gosadi and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by gosadi, the Service, and these Terms;
your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause gosadi to violate any law or regulation; and
your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
Pattern Listing Service
From time to time, gosadi’s Platform may function as a pattern listing service. If you chose to take advantage of this service, (1) you represent and warrant that you hold the copyright and other necessary intellectual property rights in any and all the pattern(s) that you list and advertise on the Platform, and (2) you grant to gosadi a non-exclusive, revocable license to list and advertise the pattern and its associated information, including photographs, data, images, and thumbnails on the Platform. Notwithstanding anything in these Terms to the contrary, you have the right to remove any pattern that you have listed at any time, and, by so doing, you shall revoke the license to gosadi from that point forward. gosadi will not use any pattern(s), or its/their associated information without the express written permission of the designer or owner of the pattern, other than to list and advertise the pattern(s) in connection with the Service.
You are solely responsible for any patterns posted by you on the Platform or offered by you through the Service, including, without limitation, for any errors or omissions in any pattern(s), or any loss or damage of any kind incurred as a result of the use of any pattern(s) posted, emailed, transmitted, or otherwise made available via the Platform. You are solely responsible for protecting and enforcing any intellectual property and other rights in your pattern(s); the Company shall have no obligation to do so on your behalf.
The sale of a pattern is a transaction between the seller and the buyer. gosadi is not a party to any such sale. However, if you sell a pattern through the Platform, you agree to grant the buyer, at a minimum, a non-commercial, perpetual license for personal use of the pattern. Subject to the foregoing, you may include additional terms with respect to a pattern, such as, but without limitation, rights to modify the pattern, sell the pattern and/or items created from the pattern, and/or explicit restrictions with respect to the use of the pattern or items created therefrom, provided that such restrictions do not prevent the buyer from using the pattern to create items for personal use. Any such terms shall be included at your discretion and shall be between you and the purchaser.
You understand that a purchaser of a downloadable .pdf (or other file) of your pattern may store the pattern in any storage service offered within the Platform (the “Library”) and the purchaser will have the right to access such pattern on the Platform until they either delete the pattern from the Library or cease being a User. Without limitation, gosadi is not responsible for any patterns posted by Users. gosadi makes no representations with respect to the accuracy, integrity, or quality of any patterns, and shall not in any way be liable for any loss or damage of any kind incurred as a result of the use of any patterns posted, emailed, transmitted or otherwise made available via the Services. If gosadi discontinues any Library offering, gosadi will give you a reasonable amount of time to download and store your patterns off of the Platform. Any pattern presented to you as part of the Service may be protected by intellectual property rights held by the owner of the pattern. You may not modify, rent, lease, loan, sell, distribute, or create derivative works based on any pattern that you do not own unless you have been explicitly granted a license to do so by the owner of that pattern, in a separate agreement. You understand that by using the Services you may be exposed to patterns that you may find offensive, indecent, or objectionable and that, in this respect, you use the Service at your own risk.
Personal, Non-Commercial Use Only. You are authorized by us to access and use the Service, including the information on the Platform, solely for your personal, non-commercial use. The information and materials displayed on our Platform may not otherwise be copied, transmitted, displayed, distributed, downloaded, licensed, modified, published, posted, reproduced, used, sold, transmitted, used to create a derivative work, or otherwise used for commercial or public purposes without our express, prior written consent. Any use of data mining, robots, or similar data gathering or extraction tools or processes in connection with our Platform, and any reproduction or circumvention of the navigational structure or presentation of our Platform or its content, is strictly prohibited. You agree not to use the Service, including our Platform, for any unlawful purpose.
Prohibited Conduct. By using our Service, you expressly agree not to:
use the Service for any illegal purpose or in violation of any local, state, national, or international law;
violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission;
sell or otherwise transfer the access granted under these Terms or any Materials (as defined herein) or any right or ability to view, access, or use any Materials; or
attempt to do any of the acts described in this Section or assist or permit any person in engaging in any of the acts described in this Section.
Our Content. Our Platform contains material, including but not limited to software, text, graphics, and images (collectively, the “Content”). We may own the Content or portions of the Content may be made available to us through arrangements that we have with third parties. The Content is the intellectual property of gosadi or our licensors and constitute trademarks, patents, copyrights, and other intellectual property rights of gosadi or its licensors under U.S. and foreign laws and international conventions. Unauthorized use of the Content may result in violation of copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use, copy, or display the Content except as permitted under these Terms. No other use is permitted without our prior written consent. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of any of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of these Terms, your right to access and/or use the Content and Platform shall automatically terminate and you shall immediately destroy any copies you have made of the Content.
Trademarks. The trademarks, service marks, and logos of gosadi (collectively, the “gosadi Trademarks”) used and displayed on this Platform are registered and unregistered trademarks or service marks of gosadi. Other company, product, and service names located on the Platform may be trademarks or service marks owned by third parties (the “Third-Party Trademarks”, and, collectively with the gosadi Trademarks, the “Trademarks”). Nothing on this Platform or in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on this Platform without the prior written consent of gosadi specific for each such use. The Trademarks may not be used to disparage gosadi or the applicable third-party, gosadi or third-party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any website is prohibited without gosadi’ prior written consent. All goodwill generated from the use of any gosadi Trademarks shall inure to the gosadi benefit. Certain elements of the Platform are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors, except as otherwise expressly permitted by gosadi. None of the Content for this Platform may be retransmitted without the express written consent from gosadi for each and every instance.
Digital Millennium Copyright Act
DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Service, you may contact our Designated Agent at the following address:
DiSchino & Schamy, PLLC
4770 Biscayne Blvd., Suite 600
Miami, Florida 33137.
Only copyright complaints should be sent to our Copyright Agent. No other communications will be accepted or responded to.
Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must comply include the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of the material that you claim is infringing and where it is located on the Service;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
IMPORTANT: MISREPRESENTATIONS MADE IN A NOTICE CLAIMING THAT CONTENT OR ACTIVITY IS INFRINGING VIOLATES THE DIGITAL MILLENNIUM COPYRIGHT ACT AND MAY EXPOSE YOU TO LIABILITY FOR DAMAGES (INCLUDING COSTS AND ATTORNEYS' FEES). COURTS HAVE FOUND THAT YOU MUST CONSIDER COPYRIGHT DEFENSES, LIMITATIONS, OR EXCEPTIONS BEFORE SENDING A DMCA NOTICE. ACCORDINGLY, IF YOU ARE NOT SURE WHETHER CONTENT RESIDING ON OUR PLATFORM OR SERVICE INFRINGES YOUR COPYRIGHT, WE SUGGEST THAT YOU FIRST CONTACT AN ATTORNEY. IN ADDITION, PLEASE DETERMINE WHETHER THE CONTENT YOU ARE SENDING A NOTICE ABOUT IS ACTUALLY RESIDING ON OUR PLATFORM OR OUR SERVICE BEFORE SENDING THE NOTICE.
Repeat Infringers. gosadi will promptly terminate the Accounts of any User that is determined by gosadi to be repeat infringer.
Modification of these Terms.
We may, from time to time, change these Terms unilaterally, in our sole discretion. Changes will apply only on a going-forward basis and will be effective as of the date posted, and any disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose. Please check these Terms periodically for changes.
Unless otherwise stated, revisions will be effective upon posting except that, for existing users, we will provide reasonable advance notice of any material modifications of the Terms and the opportunity to review the changes. If you do not agree to the modified Terms, you may terminate your account prior to the effective date of the revised Terms by contacting firstname.lastname@example.org to terminate your account, and, if you have prepaid for any Services, request a pro rata refund for the remainder of your prepaid subscription. If you do not accept the amended Terms, you will not be permitted to continue to use the Platform or the Services and must cease the use thereof. Except as expressly permitted in this Section, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms.
Term, Termination and Modification of the Service.
Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described herein.
Termination. If you violate any provision of these Terms, your authorization to access the Service and these Terms automatically terminate. In addition, gosadi may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time by contacting customer service at email@example.com.
Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay gosadi any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and will survive.You also understand and agree that all terms and conditions hereof that require continued performance, compliance, or effect beyond the termination date of these Terms shall survive such termination date and shall be enforceable in the event of a failure to perform or comply.
Modification of the Service. gosadi reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. gosadi will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service. The availability of Content may change from time to time, and from geographic territory to territory. As a result, we do not guarantee that any Content will be available or remain available on the Service.
We may automatically update the Service at our sole discretion, including but not limited when we want to improve performance, enhance functionality, reflect changes to the operating system or address security issues. If you choose not to install such updates or if you opt out of automatic updates (if possible) you may not be able to continue using the Platform and the Services.
To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify gosadi and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “gosadi Parties”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
Disclaimers; No Warranties
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. GOSADI DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. GOSADI DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND GOSADI DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR THE GOSADI PARTIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE GOSADI PARTIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. GOSADI DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT GOSADI IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE GOSADI PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YOU OR ANY GOSADI PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF GOSADI TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF (OR ANY INABILITY TO USE THE SERVICE OR ANY PORTION THEREOF, OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO GOSADI FOR ACCESS TO AND USE OF THE SERVICE IN THE TWELVE MONTHS (12) MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) FIVE HUNDRED ($500.00) DOLLARS.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Dispute Resolution and Arbitration
Generally. In the interest of resolving disputes between you and Gosadi in the most expedient and cost-effective manner, and unless otherwise described herein, you and gosadi agree that all disputes arising in connection with these Terms will be resolved by binding arbitration (“Arbitration Agreeement”). Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND GOSADI ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Exceptions. Despite the provisions of this Arbitration Agreement, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Arbitration Agreement within thirty (30) days after the date that you agree to these Terms by sending a letter to Gosadi, LLC at 17732 Highland Road, Suite G-174, Baton Rouge, Louisiana 70810, that specifies your full legal name, the email address associated with your account on the Platform, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once gosadi receives your Opt-Out Notice, this Arbitration Agreement will be void and any action arising out of these Terms will be resolved as set forth herein. The remaining provisions of these Terms will not be affected by your Opt-Out Notice.
Arbitrator. Any arbitration between you and gosadi will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting gosadi. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). gosadi’s address for Notice is: Gosadi, LLC, 17732 Highland Road, Suite G-174, Baton Rouge, Louisiana 70810. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or gosadi may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or gosadi must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by gosadi in settlement of the dispute prior to the award, gosadi will pay to you the higher of: (i) the amount awarded by the arbitrator; or (ii) $10,000.00.
Fees. If you commence arbitration in accordance with these Terms, gosadi will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000.00, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Chicago, IL but if the claim is for $10,000.00 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse gosadi for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within fourteen (14) days of the arbitrator’s ruling on the merits.
No Class Actions. YOU AND GOSADI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and gosadi agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
Modifications to this Arbitration Provision. If gosadi makes any future change to this arbitration provision, other than a change to gosadi’s address for Notice of Arbitration, you may reject the change by sending us written notice within thirty (30) days of the change to gosadi’s address for Notice of Arbitration, in which case your account with gosadi will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
Enforceability. If this Arbitration Agreement or any part thereof is found to be unenforceable, or if gosadi receives an Opt-Out Notice from you, then the entirety of this Arbitration Agreement will be null and void and, in that case, the exclusive jurisdiction and venue described herein will govern any action arising out of or related to these Terms.
Governing Law. These Terms are governed by the laws of the State of Illinois, United States of America, without regard to conflict of law principles. You and gosadi submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Cook County, Illinois for resolution of any lawsuit or court proceeding permitted under these Terms. Our Service is not subject to the laws or jurisdiction of any state, country, or territory other than that of the United States. We do not represent or warrant that our Service, or any part thereof, is appropriate or available for use in any particular jurisdiction. Those who choose to access our Service do so on their own initiative and at their own risk, and are responsible for complying with all applicable laws, rules and regulations. We may limit the availability of our Service, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the "Additional Terms"). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
Marketing Communications. By agreeing to these terms, you expressly acknowledge and agree that we may send you emails concerning out products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions provided.
Contact Information. The Service is offered by Gosadi, LLC. located at 17732 Highland Road, Suite G-174, Baton Rouge, Louisiana 70810. You may contact us by sending correspondence to that address or by emailing us at firstname.lastname@example.org.
Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service. For more information, please also read our Notice to California Residents.
Notice to Connecticut Residents. If you are a Connecticut resident, pursuant to the Connecticut Data Privacy Act (CTDPA), you may submit a CTDPA request by emailing us at email@example.com.
Other States. For State-specific disclaimers, please see our Privacy Rights Summary Notice.
No Support. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.
International Use. The Service is intended for visitors located within the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.
Notice to Apple Users.
If applicable, by downloading or using the Platform from a device made by Apple, Inc. (“Apple”) or from Apple’s App Store, you specifically acknowledge and agree that these Terms between gosadi and you; Apple is not a party to these Terms. The license granted to you hereunder is limited to a personal, limited, non-exclusive, non-transferable right to install the Platform on the Apple device(s) authorized by Apple that you own or control for personal, non-commercial use, subject to the Usage Rules set forth in Apple’s Media Services Terms and Conditions, to which you expressly agree. Apple is not responsible for the Platform or the content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to the Platform. In the event of any failure of the Platform to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Platform, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Platform. Apple is not responsible for addressing any claims by you or a third party relating to the Platform or your possession or use of the Platform, including without limitation (a) product liability claims; (b) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. In the event of any third-party claim that the Platform or your possession and use of the Platform infringes such third party’s intellectual property rights, Apple is not responsible for the investigation, defense, settlement, or discharge of such intellectual property infringement claim. You represent and warrant that (a) 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 (b) you are not listed on any U.S. Government list of prohibited or restricted parties. Apple and its subsidiaries are third party beneficiaries of these Terms and upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary hereof. gosadi expressly authorizes use of the Platform by multiple users through the Family Sharing or any similar functionality provided by Apple.
Notice to Google Users.
If applicable, by downloading or using the Platform from Google Play (or its successors) operated by Google, Inc. or one of its affiliates (“Google”), you specifically acknowledge and agree that to the extent of any conflict between (a) the Google Play Terms of Services and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and (b) the other terms and conditions in these Terms, the Google Play Terms shall apply with respect to your use of the Platform that you download from Google Play, and you hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by gosadi or you (or any other user) under these Terms or the Google Play Terms.
If you have any queries about these Terms, please contact us at firstname.lastname@example.org or by mail at 17732 Highland Road, Suite G-174, Baton Rouge, Louisiana 70810.
Last Updated: December 1, 2023.