The GoalMind Mobile App for iPhone, Android or other platforms (“the Application”), the GoalMind App website, and any other affiliated website owned, operated, licensed or controlled by Level Up Technologies LLC (collectively, “the Services”) are copyrighted works belonging to Level Up Technologies LLC.
By installing, copying, or otherwise using the Services, you indicate your acknowledgement to be bound by and acceptance of the terms and conditions set forth in this terms of use (“the Terms of Use”). If you do not wish to be bound by these Terms of Use, you should not download, install, or use the Services. Further, you may not access or use the Website. Level Up Technologies (“the Licensor”) may, from time to time, make changes to the content, and terms of this agreement. Users of the Application (“the Licensee”) and collectively, the Services will be notified, where applicable, in advance of these changes – if you do not agree with the updated terms, please cease using the Services. Your continued use of the Services after the effective date of the new terms implies acceptance of those new terms.
1. Grant of License
- Scope of License. Subject to the Terms of Use, Licensor hereby grants to Licensee a royalty-free, non-exclusive license to possess and to use a copy of the Application.
- Installation and Use. Licensee may install and use one copy of the Application and associated content and documentation solely for the personal use of licensee.
2. Description of Rights and Limitations
- Limitations. Licensee and third parties may not reverse engineer, decompile, or disassemble the Application, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding the limitation.
- Update and Maintenance. Licensor shall provide updates and maintenance on the Application on an as needed basis.
- Separation of Components. The Application is licensed as a single product. Its components may not be separated for use on more than one computer.
3. Title to Application. Licensor represents and warrants that it has the legal right to enter into and perform its obligations under this Terms of Use, and that use by the Licensee of the Application, in accordance with the terms of this Terms of Use, will not infringe upon the intellectual property rights of any third parties.
4. Intellectual Property. All now known or hereafter known tangible and intangible rights, title, interest, copyrights and moral rights in and to the Application and the Services, including but not limited to all images, photographs, animations, video, audio, music, text, data, computer code, algorithms, and information, are owned by Licensor. The Application and Services are protected by all applicable copyright laws and international treaties.
5. Your Content. You warrant that you own either the copyright or the rights to all content that you submit or upload to the GoalMind App or its associated websites and that you grant Level Up Technologies LLC a non-exclusive license to use Your Content for the express purpose of providing you with the Services and the functionality of the Goalmind App or its website.
6. Duration. This Terms of Use is perpetual or until:
- Automatically terminated or suspended if Licensee fails to comply with any of the terms and conditions set forth in this Terms of Use; or
- Terminated or suspended by Licensor, with or without cause.
In the event this Terms of Use is terminated, you must cease use of the Services and destroy all copies of the Application.
7. Payment. One-time purchases or Subscriptions purchased through the Application will be billed through your Google Play or App Store account and in accordance with their respective payment terms and conditions. By purchasing a single or multiple templates, kudos or other offerings or by signing up for one of GoalMind’s subscription plans or by conducting any purchase related to the Services, you are expressly agreeing that Level Up Technologies LLC may bill you the applicable fees, any applicable taxes and any other charges you may incur in connection with your use of the Services. Any subscription purchased on the website will be billed through credit card, PayPal or other payment account you provide. All payments will be made in accordance and compliance with the billing terms in effect at the time the charge or fee is due and payable, and where applicable, the payment plan that you selected. If payment is not received or cannot be charged to your selected payment method for any reason in advance of the applicable period, Level Up Technologies LLC reserves the right to either suspend or terminate your access to the Services. These terms will also be suspended and/or terminated accordingly.
Your Subscription will be billed in advance and will auto-renew until you either cancel or change your Subscription plan. If you cancel your Subscription, Level Up Technologies LLC will not refund any fees paid for the current Subscription period. If you change your Subscription plan after you have already paid for a Subscription period, your payment under your new Subscription plan will be adjusted to account for your earlier payment, with Level Up Technologies LLC either crediting your account or requiring additional payment.
8. Electronic Communications. As part of the Services, we will send you emails containing transactional information, notices, application updates or events within the mobile app. By using the Services, you consent to receiving these electronic communications, which forms part of your relationship with Level Up Technologies LLC. By continuing to use the Services, you agree that any disclosures, notices, agreements or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
9. Privacy Policy. Your use of the Services is governed by the GoalMind Privacy Policy available at https://www.goalmindapp.com/goalmind-privacy-policy/ (the “Privacy Policy”).
10. Links to Third Party Sites. Emails sent by the Services may contains links to external websites with complementary products and services. These links are provided merely for your convenience and Level Up Technologies LLC are not responsible for such linked sites and their offerings, including, without limitation, the content, links, and other material displayed on such websites. You access these websites at your risk.
11. Jurisdiction. This Terms of Use shall be deemed to have been made in, and shall be construed pursuant to the laws of the State of Connecticut, without regard to conflicts of laws provisions thereof. Any legal action or proceeding relating to this Terms of Use shall be brought exclusively in courts located in Norwalk, CT, and each party consents to the jurisdiction thereof. The prevailing party in any action to enforce this Terms of Use shall be entitled to recover costs and expenses including, without limitation, attorneys’ fees. This Terms of Use is made within the exclusive jurisdiction of the United States, and its jurisdiction shall supersede any other jurisdiction of either party’s election.
12. Non-Transferable. This Terms of Use is not assignable or transferable by Licensee, and any attempt to do so would be void.
13. Severability. No failure to exercise, and no delay in exercising, on the part of either party, any privilege, any power or any rights hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. If any provision of this Terms of Use shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Terms of Use shall otherwise remain in full force and effect and enforceable.
14. WARRANTY DISCLAIMER. LICENSOR, AND AUTHOR OF THE SOFTWARE, HEREBY EXPRESSLY DISCLAIM ANY WARRANTY FOR THE SOFTWARE. THE SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. LICENSEE ACCEPTS ANY AND ALL RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE.
15. LIMITATION OF LIABILITY. LICENSOR SHALL NOT BE LIABLE TO LICENSEE, OR ANY OTHER PERSON OR ENTITY CLAIMING THROUGH LICENSEE ANY LOSS OF PROFITS, INCOME, SAVINGS, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, DIRECT OR INDIRECT DAMAGE, WHETHER ARISING IN CONTRACT, TORT, WARRANTY, OR OTHERWISE. THESE LIMITATIONS SHALL APPLY REGARDLESS OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. UNDER NO CIRCUMSTANCES SHALL LICENSOR’S AGGREGATE LIABILITY TO LICENSEE, OR ANY OTHER PERSON OR ENTITY CLAIMING THROUGH LICENSEE, EXCEED THE FINANCIAL AMOUNT ACTUALLY PAID BY LICENSEE TO LICENSOR FOR THE SOFTWARE.
16. Entire Agreement. This Terms of Use constitutes the entire agreement between Licensor and Licensee and supersedes all prior understandings of Licensor and Licensee, including any prior representation, statement, condition, or warranty with respect to the subject matter of this Terms of Use.
For additional information regarding this Terms of Use, please contact:
Level Up Technologies LLC
Attn: Legal Officer
654 Main Ave
Norwalk, CT 06851