Trust Center > Terms of Service
If you ever have any issues or concerns, please contact us via our support or contact page.
PLEASE READ THIS AGREEMENT CAREFULLY.
The following terms and conditions (the “Terms of Service”) form an integral part of the Service Agreement (“Agreement”) between isgood.ai, Inc. (“isgood.ai”) and the paying customer (“Customer”). Capitalised terms shall have the meanings set forth in Section 14 below or in the Section in which they first appear in these Terms of Service. Capitalised terms used but not defined herein shall have the meanings set forth in other Terms.
1. SERVICES AND SOFTWARE.
1.1 Access and Use. Subject to and conditioned upon Customer’s compliance with the terms and conditions of the Agreement, (a) Customer may access and use the Service during the Subscription Period solely for purposes of Customer’s internal business operations, and (b) if Customer downloads any Software, isgood.ai hereby grants Customer a limited license to install, access, and use the Software, in object code form only, in connection with Customer’s use of the Services. Customer may allow its Users to access and use the Service and install, access, and use the Software for the purposes set forth above, provided that Customer shall ensure its Users’ compliance with the terms and conditions of the Agreement that apply to Customer, and Customer shall be responsible and liable for any User’s non-compliance with the terms and conditions of the Agreement that apply to Customer. The foregoing authorizations granted to Customer are non-exclusive and non-transferable.
1.2 Updates. isgood.ai may, from time to time in its sole discretion, develop and provide Software updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, “Updates”). Updates may also modify or delete in their entirety certain features and functionality of the Service. Customer acknowledges and agrees that isgood.ai has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of the Service. If Customer downloads a isgood.ai-branded mobile application (“Application”) on a mobile device, when such mobile device is connected to the Internet, either (a) the Application will automatically download and install all available Updates, or (b) Customer may receive notice of or be prompted to download and install available Updates. Customer agrees to promptly download and install all Updates and acknowledges and agrees that the Applications or portions thereof may not properly operate should Customer fail to do so.
1.3 Limitations and Restrictions. Customer shall not, and shall not permit any User or other person or entity to, access or use the Service or isgood.ai Materials except as expressly permitted in the Agreement. Without limiting the foregoing, Customer shall not, except as expressly permitted in the Agreement: (a) copy, modify, or create derivative works or improvements of the Service or isgood.ai Materials; (b) rent, lease, lend, sell, sublicense, assign, distribute, publish, or transfer any Service or isgood.ai Materials to any person or entity, including in connection with any time-sharing, service bureau, software as a service, cloud, or other technology or service; (c) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to the source code of the isgood.ai Materials, in whole or in part; (d) bypass or breach any security device or protection used by the Service or isgood.ai Materials or access or use the Service or isgood.ai Materials other than through the use of then valid Access Credentials; (e) input, upload, transmit, or otherwise provide to or through the Service or isgood.ai Systems any Customer Data or other information or materials that (i) contain, transmit, or activate any Harmful Code, or (ii) are unlawful, abusive, malicious, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy right or right of publicity, or racially or ethnically objectionable, or (iii) infringe upon or violate the Intellectual Property Rights of any third party; (g) damage, destroy, disrupt, disable, impair, interfere with, or otherwise impede or harm in any manner the Service, isgood.ai Materials, or isgood.ai’s provision of services to any third party, in whole or in part; (h) remove, delete, alter, or obscure any Intellectual Property Rights notices from any Service or isgood.ai Materials; (i) access or use the Service or isgood.ai Materials in any manner or for any purpose that infringes, misappropriates, or otherwise violates any Intellectual Property Right or other right of any third party, or that violates any applicable law; (j) access or use the Service or isgood.ai Materials for purposes of competitive analysis of the Service or isgood.ai Materials, the development, provision, or use of a competing service or product, or any other purpose that is to isgood.ai’s detriment or commercial disadvantage; or (k) otherwise access or use the Service or isgood.ai Materials beyond the scope of the rights granted under Section 1.1 (Access and Use) above.
2. CERTAIN CUSTOMER OBLIGATIONS.
2.1 Customer Control and Responsibility. Customer has and shall retain sole control over the operation, maintenance, and management of, and all access to and use of, the Customer Systems, and Customer has and shall retain sole responsibility for: (a) all Customer Data, including its use, accuracy, quality, and reliability; (b) all information, instructions, and materials provided by or on behalf of Customer in connection with the Services; (c) the Customer Systems; (d) the security and use of Customer’s Access Credentials; and (e) all access to and use of the Service and isgood.ai Materials directly or indirectly by or through the Customer Systems or Customer’s Access Credentials, with or without Customer’s knowledge or consent, including all results obtained from, and all conclusions, decisions, and actions based on, such access or use. isgood.ai is not liable for any loss or damage arising from Customer’s failure to protect its Access Credentials.
2.2 Corrective Action and Notice. If Customer becomes aware of any actual or threatened activity prohibited by Section 1.3 (Limitations and Restrictions), Customer shall, and shall cause its Users to, immediately (a) notify isgood.ai of any such actual or threatened activity, and (b) take all reasonable and lawful measures within their respective control that are necessary to stop the activity or threatened activity and to mitigate its effects.
3. DATA.
3.1 Customer Data. Customer represents, warrants, and covenants to isgood.ai that Customer owns or otherwise has (and, prior to isgood.ai’s receipt of Customer Data, will have) the necessary rights and consents in and relating to Customer Data, so that isgood.ai’s receipt and Processing of Customer Data in accordance with the Agreement does not and will not infringe, misappropriate, or otherwise violate any Intellectual Property Rights or other rights of any User or other person or entity, or any applicable law.
3.2 Prohibited Data. Customer acknowledges that the Service is not designed with security and access management for Processing the following categories of information: (a) any personal information that imposes specific data security obligations on isgood.ai for the Processing of such data, including any “nonpublic personal information” as defined under the Gramm-Leach-Bliley Act, “protected health information” as defined under the Health and Insurance Portability and Accountability Act of 1996, and other similar information, however described, as defined under applicable law; (b) data that is classified and/or used on the United States Munitions list, including software and technical data; (c) articles, services, and related technical data designated as defence articles or defence services; and (d) ITAR (International Traffic in Arms Regulations) related data (each of the foregoing, “Prohibited Data”). Customer shall not, and shall not permit any User or other person or entity to, provide any Prohibited Data to, or Process any Prohibited Data through, the Service or isgood.ai Systems. Customer is solely responsible for reviewing all Customer Data and shall ensure that no Customer Data constitutes or contains any Prohibited Data.
3.3 Data Backup. The Service does not replace the need for Customer to maintain regular data backups or redundant data archives. GROW HAS NO OBLIGATION OR LIABILITY FOR ANY LOSS, ALTERATION, DESTRUCTION, DAMAGE, CORRUPTION, OR RECOVERY OF CUSTOMER DATA.
3.4 Privacy Policy. All Customer Data and any other information isgood.ai collects when Customer accesses and/or uses the Service is subject to isgood.ai’s Privacy Policy available at https://isgood.ai/trust-center/ (“Privacy Policy”), which is hereby incorporated herein by reference. Customer consents to all actions taken by isgood.ai with respect to such information in compliance with the Privacy Policy.
4. CONTENT.
4.1 Services and isgood.ai Materials. As between Customer and isgood.ai, isgood.ai is and shall remain the sole and exclusive owner of all right, title, and interest in and to the Services and isgood.ai Materials, including all Intellectual Property Rights therein and thereto. Other than the limited rights and licenses granted to Customer pursuant to Section 1.1 (Access and Use) above, nothing in the Agreement grants Customer any right, title, or interest in or to the Services or isgood.ai Materials, including any Intellectual Property Rights therein or relating thereto, whether expressly, by implication, estoppel, or otherwise, and all such rights are reserved to isgood.ai.
4.2 Work Product. Without limiting Section 4.1 (Services and isgood.ai Materials) above, isgood.ai is and shall remain the sole and exclusive owner of all right, title, and interest in and to all developments, inventions, technology, materials, and other work product made or conceived or actually or constructively reduced to practice by or on behalf of isgood.ai in the course of performing any Professional Services (collectively, the “Work Product”), including all Intellectual Property Rights therein and thereto. For clarity, Work Product does not include Customer Data. In the event Customer is a deemed owner of any right, title, or interest in or to any part of the Work Product, Customer agrees to assign, and hereby irrevocably assigns, to isgood.ai all of its right, title, and interest in and to the Work Product, including all Intellectual Property Rights therein and thereto. Customer agrees to give isgood.ai, and any person designated by isgood.ai, reasonable assistance, at isgood.ai’s expense, in perfecting and/or evidencing isgood.ai’s rights in and to the Work Product, including by executing and delivering all documents reasonably requested by isgood.ai for such purposes. isgood.ai hereby grants to Customer a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use Work Product provided by isgood.ai to Customer in connection with the Professional Services solely for Customer’s internal business operations and in connection with the Service and Equipment, subject to all applicable terms and conditions of the Agreement.
4.3 Customer Data. As between the parties, Customer is and will remain the sole and exclusive owner of all right, title, and interest in and to all Customer Data, including all Intellectual Property Rights therein and thereto, subject to the license granted herein to isgood.ai. Customer hereby grants to isgood.ai a non-exclusive, worldwide, transferable, sub-licensable (to its subcontractors), irrevocable, royalty-free, fully paid-up license to Process the Customer Data in order to provide the Services to Customer and its Users.
4.4 Service Analyses. isgood.ai may (a) compile statistical and other information related to the performance, operation, and use of the Service, and (b) use data from the isgood.ai Systems in aggregated form for security and operations management, to create statistical analyses, and for research and development purposes ((a) and (b) collectively, “Service Analyses”). isgood.ai may make Service Analyses publicly available and use the Service Analyses for its business purposes, however Service Analyses shall not incorporate Customer Data in a form that could serve to identify Customer or any individual. Service Analyses do not constitute Customer Data, and isgood.ai shall retain all right, title, and interest in and to Service Analyses, including all Intellectual Property Rights therein and thereto.
5. OTHER WEBSITES AND ANCILLARY SERVICES.
5.1 Links to Other Websites. Portions of the Service may contain links to websites operated by third parties. Such links are provided for Customer’s convenience only, and if Customer accesses any such linked websites Customer does so at its own risk. isgood.ai is not responsible for the content of any such websites, or the products and services sold on them, nor is isgood.ai responsible or liable for any loss or damage that may arise from Customer’s use of such websites. When Customer visits a linked website, Customer should read the terms and conditions and privacy policy that govern that particular website. Links to other websites do not imply isgood.ai’s endorsement of any content, advertising, products, services, or other materials on or available through such websites.
5.2 Ancillary Services. As part of the functionality of certain parts of the Service, Customer may have access to certain third party online financial and other services (“Ancillary Services”). The Service is designed to allow Customer to access accounts Customer may have on the Ancillary Services to allow the Service to access and aggregate information from such account(s). Customer acknowledges and agrees that (a) some third parties may not allow the Service to access certain Ancillary Services, and (b) third parties may make changes to their websites or other Ancillary Services, with or without notice to isgood.ai, that may affect overall performance of the Service and prevent or delay aggregation of information from Customer’s account(s) on such Ancillary Services. Customer acknowledges and agrees that isgood.ai has no control over any of the Ancillary Services, and will have no liability whatsoever for the Ancillary Services or any actions or inactions on the part of such third parties resulting in Customer’s inability to use the Service to access its accounts, obtain data, or otherwise access or use the Ancillary Services.
5.3 Collection of Ancillary Account Data. Customer acknowledges that in accessing the Ancillary Services through the Service, Customer’s username(s), password(s), and any other security or access information for Customer’s account(s) on such Ancillary Services, and data and other information in such account(s) (collectively, “Ancillary Account Data”), may be collected and stored through the Service. Customer authorises isgood.ai, in conjunction with isgood.ai’s provision of the Services, to: (a) access Customer’s account(s) on Ancillary Services and collect and Process Customer’s Ancillary Account Data; (c) access the applicable third party websites and Ancillary Services using Customer’s Ancillary Account Data; and (c) take such other actions as are reasonably necessary to perform the actions described in (a) and (b) above. Customer hereby represents and warrants to isgood.ai that Customer is the legal owner of Customer’s Ancillary Account Data and that Customer has the authority to appoint, and hereby expressly does appoint, isgood.ai as Customer’s agent with limited power of attorney to access and retrieve Customer’s Ancillary Account Data on Customer’s behalf. Customer further acknowledges and agrees that all Ancillary Account Data constitutes Customer Data hereunder and is subject to the applicable terms and conditions of the Agreement.
6. CHANGES AND SUSPENSION.
6.1 Changes to the Services. isgood.ai reserves the right to make changes to the Services and isgood.ai Materials, or any portion thereof, for any reason. Customer agrees that isgood.ai will not be liable to Customer or third party for any such change.
6.2 Suspension of Access. isgood.ai may suspend Customer’s and/or any of its Users’ access to or use of all or any part of the Services or isgood.ai Materials, without incurring any resulting obligation or liability, if: (a) isgood.ai receives a judicial or other governmental demand or order, subpoena, or law enforcement request that expressly or by reasonable implication requires isgood.ai to do so; (b) isgood.ai believes, in its good faith and reasonable discretion, that Customer or any of its Users have violated the provisions of Section 1.3 (Limitations and Restrictions) or Sections 3.1 (Customer Data) or 3.2 (Prohibited Data); or (c) Customer fails to pay any amount when due under the Agreement. Any such suspension shall not excuse Customer from its obligation to make the payment(s) contemplated under the Agreement to isgood.ai. If isgood.ai suspends the Service, isgood.ai shall promptly restore Customer’s (or the applicable User’s) access to and use of the Service after the event giving rise to the suspension has been resolved to isgood.ai’s satisfaction.
7. INDEMNIFICATION.
7.1 Indemnification of isgood.ai. Customer will indemnify, defend, and hold harmless isgood.ai, its affiliates, and its and their respective officers, directors, employees, and agents from and against all losses, damages, judgments, assessments, fines, costs, and expenses (including court costs and reasonable attorneys’ fees) arising out of or in connection with any third party claim, action, suit, or proceeding arising out of or related to: (a) Customer Data, including any Processing of Customer Data by or on behalf of isgood.ai in accordance with this Agreement; (b) isgood.ai’s compliance with any specifications or directions provided by or on behalf of Customer; or (c) any breach or violation of this Agreement or applicable law by Customer, any User, or any other person accessing and/or using any of the Services or isgood.ai Materials directly or indirectly by or through the Customer Systems or Customer’s Access Credentials, with or without Customer’s knowledge or consent.
7.2 Indemnification Procedure. Upon receiving notice of a claim for which isgood.ai is entitled to indemnification by Customer, isgood.ai shall provide Customer with written notification and the opportunity to assume sole control over the defence or settlement of such claim and reasonable assistance to settle and/or defend such claim at Customer’s sole expense; provided, however, that: (a) any settlement which would impose a non-monetary obligation on and/or admission or finding of liability or wrongdoing by isgood.ai will require isgood.ai’s prior written consent; (b) the failure to provide timely notice, control, or assistance shall not relieve Customer of its indemnification obligations hereunder; and (c) isgood.ai may have its own counsel present at and participating in all proceedings or negotiations relating to a claim, at isgood.ai’s own expense, unless Customer fails or refuses to secure legal counsel to defend any claim in a timely manner, in which case Customer shall pay all expenses related to isgood.ai’s use of such counsel.
8. TERM AND TERMINATION.
8.1 Term. The Agreement commences on the Effective Date and will remain in effect for the Subscription Period, unless terminated earlier in accordance with its express provisions.
8.2 Termination by isgood.ai. isgood.ai may terminate the Agreement, effective immediately upon written notice to Customer, if (a) Customer fails to pay any amount when due and such failure continues more than 15 days after delivery of written notice thereof, or (b) Customer breaches any of Customer’s obligations under Section 1.3 (Limitations and Restrictions).
8.3 Mutual Right of Termination. Either party may terminate the Agreement, effective upon written notice to the other party, if the other party materially breaches any material provision of this Agreement (except as set forth in Section 8.2 (Termination by isgood.ai) above), and such breach is incapable of cure, or being capable of cure, remains uncured 30 days after the non-breaching party provides the breaching party with written notice of such breach.
8.4 Effect of Termination. Upon any expiration or termination of the Agreement, all rights and licenses granted to Customer under the Agreement shall immediately terminate, and isgood.ai may disable Customer’s and its User’s access to the Service. In addition, Customer shall, and shall instruct its Users to, immediately cease using the Service and isgood.ai Materials and destroy all copies of the isgood.ai Materials in Customer’s possession or control. The expiration or termination of the Agreement shall not (a) prejudice or affect any right of action or remedy that has accrued or will accrue to either party due to the other party’s acts or omissions prior to the effective date of the termination or expiration, or (b) relieve Customer of its obligation to pay any charges that have accrued or have become payable to isgood.ai under the Agreement.
8.5 Survival. Any right or obligation of the parties in the Agreement that, by its nature, should survive termination or expiration of the Agreement, shall survive any expiration or termination of the Agreement, including the provisions of Sections 1.3 (Limitations and Restrictions), 2.1 (Customer Control and Responsibility), 3 (Data), 4 (Ownership), 7 (Indemnification), 8.4 (Effect of Termination), 8.5 (Survival), 9 (Disclaimers), 10 (Limitations of Liability), 13 (General), and 14 (Definitions).
9. DISCLAIMERS.
9.1 Disclaimer of Warranties. CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE SERVICES, EQUIPMENT, AND GROW MATERIALS IS AT CUSTOMER’S SOLE RISK. ALL SERVICES, EQUIPMENT, AND GROW MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND GROW HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE, TO THE EXTENT PERMITTED BY APPLICABLE LAW. WITHOUT LIMITING THE FOREGOING, GROW DOES NOT MAKE ANY WARRANTY OF ANY KIND THAT THE SERVICES, EQUIPMENT, OR GROW MATERIALS, OR ANY RESULTS OF THE USE THEREOF, SHALL MEET CUSTOMER’S REQUIREMENTS OR THE REQUIREMENTS OF ANY OTHER PERSON, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, OR BE SECURE, ACCURATE, FREE OF HARMFUL CODE, OR ERROR FREE.
9.2 No Professional Advice. The information provided on or through any of the Service is for informational purposes only and should not be construed as legal, financial, accounting, or other professional advice. Customer should seek independent professional advice from a person who is licensed and/or knowledgeable in the applicable area before acting upon any information provided on or through any Service.
10. LIMITATION OF LIABILITIES.
10.1 Exclusion of Certain Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GROW, ITS AFFILIATES,OR ITS OR THEIR RESPECTIVE OFFICERS, directors, employees, agents, licensors, OR service providers BE LIABLE UNDER OR IN CONNECTION WITH THE AGREEMENT OR ITS SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, DAMAGE OR LOSS OF USE OF DATA, BUSINESS INTERRUPTIONS, AND LOST BUSINESS OPPORTUNITY), REGARDLESS OF WHETHER SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE OTHERWISE FORESEEABLE. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL GROW, ITS AFFILIATES,OR ITS OR THEIR RESPECTIVE OFFICERS, directors, employees, agents, licensors, OR service providers BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH: (a) CUSTOMER’S USE, OR INABILITY TO USE, THE SERVICES, EQUIPMENT, OR GROW MATERIALS; (B) ANY CUSTOMER DATA, INCLUDING ANY UNAUTHORIZED ACCESS TO OR USE OF ANY CUSTOMER DATA; (c) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; AND/OR (d) ANY HARMFUL CODE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES, EQUIPMENT, OR ANY GROW MATERIALS.
10.2 Maximum Liability. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, IN NO EVENT SHALL THE COLLECTIVE AGGREGATE LIABILITY OF GROW, ITS AFFILIATES,AND ITS AND THEIR RESPECTIVE OFFICERS, directors, employees, agents, licensors, and service providers UNDER OR RELATED IN ANY WAY TO THE AGREEMENT OR ITS SUBJECT MATTER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER TO GROW UNDER THE AGREEMENT DURING THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
10.3 Basis of the Bargain. THE LIMITATIONS OF LIABILITY HEREIN ARE A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECT A FAIR ALLOCATION OF RISK. THE SERVICES AND GROW MATERIALS WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS, AND CUSTOMER AGREES THAT THE LIMITATIONS OF LIABILITY AND DISCLAIMERS SPECIFIED HEREIN WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.
11. EXPORT COMPLIANCE.
Customer acknowledges that the Equipment and isgood.ai Materials are subject to export restrictions by the United States government and import restrictions by certain foreign governments. Customer shall not, and shall not allow any other person or entity to, remove or export from the United States or allow the export or re-export any Equipment or isgood.ai Materials or any direct product thereof: (a) into (or to a national or resident of) any embargoed or terrorist-supporting country; (b) to anyone on the United States Commerce Department’s Table of Denial Orders or United States Treasury Department’s list of Specially Designated Nationals; (c) to any country to which such export or re-export is restricted or prohibited, or as to which the United States government or any agency thereof requires an export license or other governmental approval at the time of export or re-export without first obtaining such license or approval; or (d) otherwise in violation of any export or import laws of any United States or foreign agency or authority.
12. ADDITIONAL TERMS FOR CERTAIN APPLICATIONS.
The following additional terms and conditions apply to an Application only if it is designed for use on an Apple, Inc. (“Apple”) iOS-powered mobile device. Customer and isgood.ai acknowledge that the Agreement is concluded between Customer and isgood.ai only, and not with Apple, and isgood.ai, not Apple, is solely responsible for the Application and the content thereof. Customer agrees that its license to use the Application is limited to the Apple iOS mobile device that Customer owns or controls and that Customer’s use of the Application shall be subject to the usage rules set forth in Apple’s then-current App Store Terms of Service. Customer and isgood.ai agree that Apple shall have no obligation to provide maintenance and support services with respect to the Application. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the Application. Customer agrees that isgood.ai, and not Apple, shall be responsible for the investigation, defense, settlement and discharge of any third party intellectual property infringement claim related to the Application. Customer represents and warrants that Customer is 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 that Customer is not listed on any U.S. Government list of prohibited or restricted parties. isgood.ai’s contact information for any questions or inquiries with respect to the Application is set forth in Section 13.3 below. Customer agrees to comply with all applicable third party terms of agreement when using the Application. Customer agrees that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service applicable to the Application. Upon Customer’s acceptance of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against Customer as a third party beneficiary thereof.
13. GENERAL.
13.1 Entire Agreement; Amendment. The Agreement (including these Terms of Service, the Commercial Terms, and the Privacy Policy) constitutes the sole and entire agreement of the parties with respect to the subject matter herein and supersedes all prior and contemporaneous understandings, proposals, agreements, or communications, both written and oral, with respect to such subject matter. Except as otherwise set forth in the paragraph entitled “Fees” under the “Fees and Payment” heading in the Commercial Terms, no amendment to or modification of the Agreement is effective unless it is agreed to by both parties in writing.
13.2 Geographic Restrictions. isgood.ai does not represent that the Service or any isgood.ai Materials are appropriate or available for use outside of the United States. Access to and use of the Service may not be legal by certain persons or in certain countries. If Customer accesses the Service from outside the United States, Customer does so on its own initiative and are responsible for compliance with all applicable laws.
13.3 Notices. Customer agrees that isgood.ai may communicate any notices to Customer under the Agreement through electronic mail, by posting on isgood.ai’s website, or by regular mail. Notices will be deemed effectively given to Customer immediately when sent by electronic mail or posted on isgood.ai’s website, or two (2) business days after being sent by regular mail. All notices, requests, and other communications to be given to isgood.ai hereunder shall be in writing and sent to isgood.ai by registered or certified mail, postage prepaid, return receipt requested to the following address: isgood.ai, Inc., 1401 Research Way #2200 Orem, UT 84097 (or to such other address that isgood.ai may designate from time to time in accordance with this Section 13.3). Notices will be deemed effectively given to isgood.ai when received.
13.4 Governing Law; Jurisdiction and Venue. The Agreement as well as any dispute or claim arising out of or related to the Agreement, its subject matter, or its formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Utah, without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to the Agreement shall be instituted exclusively in the federal or state courts located in Salt Lake City, Utah, and Customer further agrees that such courts shall have in personam jurisdiction and venue with respect to Customer. Customer hereby submits to the in personam jurisdiction and venue of such courts and hereby waives any and all objections to the exercise of jurisdiction over Customer by such courts and to venue in such courts.
13.5 Limitation on Time to File Claims; Waiver of Jury Trial. ANY CAUSE OF ACTION OR CLAIM CUSTOMER MAY HAVE ARISING OUT OF OR RELATING TO THE AGREEMENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. CUSTOMER HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, PROCEEDING, CLAIM, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THE AGREEMENT.
13.6 Miscellaneous. Customer shall not assign or otherwise transfer any of its rights, or delegate or otherwise transfer any of its obligations or performance, under the Agreement, in each case whether voluntarily, involuntarily, by operation of law, or otherwise, without isgood.ai’s prior written consent. The Agreement is binding upon and inures to the benefit of the parties hereto and their respective permitted successors and assigns. Any remedy of isgood.ai set forth in the Agreement is in addition to any other that may be available to isgood.ai at law, in equity, or otherwise. isgood.ai’s failure to exercise or enforce any right or provision of the Agreement will not constitute a waiver of such right or provision. If any provision of the Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent possible, and the remaining provisions of the Agreement will continue in full force and effect. The relationship between the parties is that of independent contractors. Nothing contained in the Agreement shall be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment or fiduciary relationship between the parties. Unless the context otherwise requires, for purposes of this Agreement: (a) the words “include,” “includes,” and “including” are deemed to be followed by the words “without limitation”; (b) the word “or” is not exclusive; (c) the words “herein,” “hereof,” “hereby,” “hereto,” and “hereunder” refer to the Agreement as a whole; (d) words denoting the singular have a comparable meaning when used in the plural, and vice-versa; (e) the headings in the Agreement are for reference only and do not affect the interpretation of this Agreement; and (f) the parties intend this Agreement to be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted.
14. DEFINITIONS.
“Access Credentials” means any user name, identification number, password, license or security key, security token, PIN, or other security code, method, technology, or device used, alone or in combination, to verify an individual’s identity and authorisation to access and use the Service.
“Customer Data” means any and all information, data, and other content, in any form or medium, that is uploaded into the Software or otherwise provided to isgood.ai, directly or indirectly, by Customer or a User in connection with any of the Services.
“Customer Systems” means Customer’s information technology infrastructure, including computers, software, hardware, databases, electronic systems (including database management systems), and networks, whether operated directly by Customer or through the use of third party services.
“isgood.ai Materials” means the isgood.ai Systems, Software, and any and all other information, data, documents, materials, works, and other content that are provided or used by isgood.ai in connection with the Services or otherwise comprise or relate to the Services or isgood.ai Systems, including any third party materials contained therein, but excluding the Customer Data. For the avoidance of doubt, isgood.ai Materials include all modifications and derivative works of any of the foregoing and to anything developed or delivered by or on behalf of isgood.ai under this Agreement.
“isgood.ai Systems” means the information technology infrastructure used by or on behalf of isgood.ai in providing the Services, including all computers, software, hardware, databases, electronic systems (including database management systems), and networks, whether operated directly by isgood.ai or through the use of third party services.
“Harmful Code” means any software, hardware, or other technology, device, or means, including any virus, worm, malware, or other malicious computer code, the purpose or effect of which is to (a) permit unauthorised access to, or to destroy, disrupt, disable, distort, or otherwise harm or impede in any manner any (i) computer, software, firmware, hardware, system, or network or (ii) any application or function of any of the foregoing or the security, integrity, confidentiality or use of any data Processed thereby, or (b) prevent Customer or any User from accessing or using the Service or isgood.ai Systems as intended by this Agreement.
“Intellectual Property Rights” means all forms of industrial and intellectual property rights and protections throughout the world, including any: (a) patents (including any patent applications, together with all reissuances, continuations, continuations-in-part, revisions, extensions, and reexaminations thereof); (b) copyrights; (c) Internet domain names, trademarks, service marks, and trade dress, together with all goodwill associated therewith; (d) trade secrets; (e) rights in databases and designs (ornamental or otherwise); (f) moral rights, rights of privacy, rights of publicity, and similar rights; and (g) any other proprietary rights and protections, whether currently existing or hereafter developed or acquired arising under statutory or common law, including all applications, disclosures, and registrations with respect thereto.
“Process” means to take any action or perform any operation or set of operations that the Services are capable of taking or performing on any data, information, or other content, including to collect, receive, input, upload, download, record, reproduce, store, organise, compile, combine, log, catalog, cross-reference, manage, maintain, copy, adapt, alter, translate, or make other derivative works or improvements, process, retrieve, output, consult, use, perform, display, disseminate, transmit, submit, post, transfer, disclose, or otherwise provide or make available, or block, erase, or destroy, and “Processing” and “Processed” have correlative meanings.
“Software” means isgood.ai’s proprietary software applications (including the Applications) and any third party or other software, and all Updates, new versions, revisions, improvements, and modifications of the foregoing, that isgood.ai provides access to and use of as part of the Services.
“User” means a person granted access to the Platform by the Customer.
Trust Center > Privacy Policy
Respect for the privacy of your personal and other information is extremely important to us. When you use the Site, our Platform or otherwise communicate with us (e.g. via email) you will provide, and isgood.ai will collect, certain information, some of which can be used to personally identify and/or locate you (“Personal Information”). This Privacy Policy describes and is intended to help you understand what that Personal Information comprises, how isgood.ai uses that Personal Information, and what safeguards are in place to protect that Personal Information.
By using this Site, the Platform and/or otherwise communicating with us, you agree to this Privacy Policy. Please read it.
If you ever have any issues or concerns, please contact us via our support or contact page.
When you visit our website, our servers may automatically log the standard data provided by your web browser. It may include your computer’s Internet Protocol (IP) address, your browser type and version, the pages you visit, the time and date of your visit, the time spent on each page, and other details.
We may also collect data about the device you’re using to access our website. This data may include the device type, operating system, unique device identifiers, device settings, and geo-location data. What we collect can depend on the individual settings of your device and software. We recommend checking the policies of your device manufacturer or software provider to learn what information they make available to us.
When you use the Site, create an account to use the Site (or someone, such as your organisation’s administrator, creates an account on your behalf), use our Platform or otherwise communicate with us (e.g. via email), Personal Information will be collected by the Site or Platform. The Personal Information collected is as follows:
When you use the Platform, create an account to use the Platform (or someone, such as your organisation’s administrator, creates an account on your behalf), additional information about your use of the Platform is collected:
As well as the processes described above, you may also choose: not to provide certain Personal Information when requested (e.g. via forms available on the Site); and/or to opt-out of the collection of certain Personal Information by us, by contacting us.
See also “COOKIES AND RELATED TECHNOLOGIES” section below for information about how information generated using these technologies is used.
Isgood also may collect information that does not identify or locate you personally, meaning business information such as SIC code, industry, number of employees, or sales funnel status. Isgood reserves the right to maintain, disclose, or otherwise use such information without limitation including aggregated with other information to improve the Site, Platform and services offered by isgood.
We will process your personal information lawfully, fairly and in a transparent matter. We collect and process information about you only where we have legal bases for doing so.
These legal bases depend on the services you use and how you use them, meaning we collect and use your information only where:
Where you consent to our use of information about you for a specific purpose, you have the right to change your mind at any time (but this will not affect any processing that has already taken place).
We don’t keep personal information for longer than is necessary. While we retain this information, we will protect it within commercially acceptable means to prevent loss and theft, as well as unauthorised access, disclosure, copying, use or modification. That said, we advise that no method of electronic transmission or storage is 100% secure and cannot guarantee absolute data security. If necessary, we may retain your personal information for our compliance with a legal obligation or in order to protect your vital interests or the vital interests of another natural person.
We may collect, hold, use and disclose information for the following purposes and personal information will not be further processed in a manner that is incompatible with these purposes:
We may disclose personal information to:
The personal information we collect is stored and processed in Australia, or where we or our partners, affiliates and third-party providers maintain facilities. By providing us with your personal information, you consent to the disclosure to these overseas third parties.
We will ensure that any transfer of personal information from countries in the European Economic Area (EEA) to countries outside the EEA will be protected by appropriate safeguards, for example by using standard data protection clauses approved by the European Commission, or the use of binding corporate rules or other legally accepted means.
Where we transfer personal information from a non-EEA country to another country, you acknowledge that third parties in other jurisdictions may not be subject to similar data protection laws to the ones in our jurisdiction. There are risks if any such third party engages in any act or practice that would contravene the data privacy laws in our jurisdiction and this might mean that you will not be able to seek redress under our jurisdiction’s privacy laws.
Choice and consent: By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with this privacy policy. If you are under 16 years of age, you must have, and warrant to the extent permitted by law to us, that you have your parent or legal guardian’s permission to access and use the website and they (your parents or guardian) have consented to you providing us with your personal information. You do not have to provide personal information to us, however, if you do not, it may affect your use of this website or the products and/or services offered on or through it.
Information from third parties: If we receive personal information about you from a third party, we will protect it as set out in this privacy policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide the personal information to us.
Restrict: You may choose to restrict the collection or use of your personal information. If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us using the details below. If you ask us to restrict or limit how we process your personal information, we will let you know how the restriction affects your use of our website or products and services.
Access and data portability: You may request details of the personal information that we hold about you. You may request a copy of the personal information we hold about you. Where possible, we will provide this information in CSV format or other easily readable machine format. You may request that we erase the personal information we hold about you at any time. You may also request that we transfer this personal information to another third party.
Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to correct any information found to be inaccurate, incomplete, misleading or out of date.
Notification of data breaches: We will comply laws applicable to us in respect of any data breach.
Complaints: If you believe that we have breached a relevant data protection law and wish to make a complaint, please contact us using the details below and provide us with full details of the alleged breach. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take to deal with your complaint. You also may the right to contact a regulatory body or data protection authority in relation to your complaint.
Unsubscribe: To unsubscribe from our e-mail database or opt-out of communications (including marketing communications), please contact us using the details below or opt-out using the opt-out facilities provided in the communication.
We use “cookies” to collect information about you and your activity across our site. A cookie is a small piece of data that our website stores on your computer, and accesses each time you visit, so we can understand how you use our site. This helps us serve you content based on preferences you have specified. Please refer to our Cookie Policy for more information.
If we or our assets are acquired, or in the unlikely event that we go out of business or enter bankruptcy, we would include data among the assets transferred to any parties who acquire us. You acknowledge that such transfers may occur, and that any parties who acquire us may continue to use your personal information according to this policy.
Our website may link to external sites that are not operated by us. Please be aware that we have no control over the content and policies of those sites, and cannot accept responsibility or liability for their respective privacy practices.
At our discretion, we may change our privacy policy to reflect current acceptable practices. We will take reasonable steps to let users know about changes via our website. Your continued use of this site after any changes to this policy will be regarded as acceptance of our practices around privacy and personal information.
If we make a significant change to this privacy policy, for example changing a lawful basis on which we process your personal information, we will ask you to re-consent to the amended privacy policy.