Goally Terms of Service
Effective Date: November 14, 2024
The Service is designed to assist children with ADHD and Autism and their parents or guardians in developing routines and guided activities to promote and improve independence. The Service allows parents or guardians to upload certain information or other content (which may include data, text, photos, video or other content) related to their child’s mental and behavioral health, or other topics. Children may also use the Service to engage in activities on a mobile device without uploading personal information about themselves. Finally, teachers and clinicians may use the Service to teach or provide healthcare services to children and parents on the Service. Any information or other content uploaded by a non-child User, which may include data, text, photos, video or other materials or content, is collectively, “User Content” or “Your Content”. You represent and warrant that: (a) all required User Content you submit is truthful and accurate; and (b) you will maintain the accuracy of such information.
Some of Goally’s clients may be subject to one or more separate written agreements with Goally or with each other (each, a “Service Agreement”). This Agreement applies only to use of Goally’s websites and the Service and in no way affects the terms and conditions of any Service Agreement. In the event of a conflict between this Agreement and a Service Agreement, the Service Agreement will govern.
Important Legal Notice
Please read these Terms of Service (”Terms”) carefully before using Goally’s services. These Terms contain important information about your legal rights, including mandatory arbitration provisions, class action waivers, and liability limitations.
By accessing or using Goally’s services (”Service”), including our website, applications, and devices, you enter into a legally binding agreement with Goally, Inc. (”Goally,” “we,” or “us”).
1.1 Acceptance and Eligibility
1.2 Children’s Use
We provide services intended for use by children under parental or guardian supervision. All child accounts must be:
2.1 Children’s Privacy
We comply with the Children’s Online Privacy Protection Act (COPPA). This includes:
2.2 Parental Rights
Parents or guardians have the right to:
3.1 Educational Institution Users
When used in educational settings:
3.2 Data Protection in Schools
We commit to:
4.1 Data Processing
We collect and process data including:
4.2 Third-Party Services
We share data with service providers including:
4.3 Your Privacy Rights
You have the right to:
Please review our privacy policy for detailed information on how we handle your data and your rights under applicable laws.
Consent for Storage: As part of our commitment to providing a safe and effective service, Goally may collect, store, and use photographs, images, and videos (“Media”) that include depictions of children. These Media are primarily used for the purposes of delivering and improving our services, which are designed for children, their parents, and clinicians. By using our services, you consent to the collection and storage of such Media on our servers.
Privacy and Security: We are dedicated to maintaining the privacy and security of all Media collected through our services. The Company employs robust security measures to protect this Media from unauthorized access, disclosure, alteration, and destruction.
Reporting of Abuse: The Company is committed to the welfare and safety of children. If, in the course of storing or reviewing the Media, the Company becomes aware of any content or behavior that reasonably appears to be abusive or harmful to children, the Company will take appropriate steps to address the situation. This includes, but is not limited to, notifying law enforcement or other relevant authorities in the appropriate jurisdiction.
User Responsibility: Users of the Company’s services are expected to uphold the highest standards of conduct. Any user found to be involved in abusive or harmful behavior towards children, as evidenced in the Media, may be subject to immediate termination of their account and legal action.
4.4 Data Protection Compliance
We comply with all applicable data protection laws, including the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA). For more information on your rights under these laws, please review our Privacy Policy.
5.1 Not a Medical Service
Important Health Notice:
5.2 Health Information Handling
While not a medical service, we:
6.1 Easy Cancellation
Cancel anytime through our web portal. All returns are governed by our return policy. Both are located at GetGoally.com
7.1 Arbitration Agreement
You agree to resolve disputes through binding arbitration in Colorado, except:
Any arbitration will be conducted under Colorado law.
7.2 Opt-Out Right
You may opt out of arbitration by emailing [email protected] within 30 days of your first use of the Service, including “Arbitration Opt-Out” in the subject line and providing your name.
7.3 Class Action Waiver
You waive rights to:
This waiver applies where permitted by law.
8.1 Limitation of Liability
Our maximum liability is limited to:
8.2 Disclaimer of Warranties
The Service is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to:
The service is provided “as is”, with all faults. we expressly disclaim any and all warranties, whether express or implied, including: (i) all warranties of merchantability, fitness for a particular purpose, title, noninfringement, and any and all warranties arising from course of dealing or usage of trade; (ii) that the service or our property will meet your requirements, will be available, accessible, uninterrupted, timely, secure, or operate without error; and (iii) as to the accuracy or reliability of any information obtained from the service or our property. we may pause or interrupt the service at any time, and you should expect periodic downtime for updates to the service. no advice or information, whether oral or written, obtained by you from us or through the service will create any other warranty.
9.1 Governing Law and Jurisdiction
These Terms and any disputes arising out of or related to them are governed by the laws of Colorado, without regard to its conflict of law principles. Any arbitration will be conducted under Colorado law. For claims not subject to arbitration, you agree to submit to the exclusive jurisdiction of the state and federal courts located in Denver, Colorado.
9.2 Modifications
9.3 Termination
We may suspend or terminate your access to the Service:
Upon termination:
9.4 Severability
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
9.5 Survival
Provisions that by their nature should survive termination will remain in effect, including but not limited to sections on Limitation of Liability, Disclaimers, Arbitration, and Governing Law.
10.1 Ownership
All content, features, and functionality on the Service—including text, graphics, logos, and software—are the exclusive property of Goally and are protected by intellectual property laws.
The Service, including all aspects of Goally’s websites, software applications, and mobile applications, including Our Property, is the property of, and owned by, Goally or its licensors. All the software, algorithms, functionality, inventions, concepts, text, images, sound, music, videos, marks, logos, compilations, content, hardware, and technology used to deliver the Service or otherwise embodied in, displayed through, or provided directly or indirectly (e.g., in emails or other communications from us to you) through or in connection with, the Service are “Our Property.” Except as otherwise expressly permitted by this Agreement, any use, copying, making derivative works, transmitting, posting, linking, deep linking, framing, redistribution, sale, de-compilation, modification, reverse engineering, translation or disassembly of Our Property is prohibited. You acknowledge that Our Property has been created, compiled, developed and maintained by us at great expense of time and money such that misappropriation or unauthorized disclosure or use of Our Property by others for commercial gain would unfairly and irreparably harm us in a manner for which damages would not be an adequate remedy, and you consent to our obtaining injunctive relief to restrain any breach or threatened breach of this Agreement, without any requirement to post bond. You may be subject to criminal or civil penalties for violation of this paragraph.
10.2 Limited License
We grant you a limited, non-exclusive, non-transferable license to access and use the Service for personal, non-commercial purposes, subject to these Terms.
11.1 Acceptable Use
You agree to use the Service only for lawful purposes and in accordance with these Terms.
11.2 Prohibited Activities
You agree not to:
Your Content must not: (i) contain any software viruses, malware, spyware or any other code, file or program that is designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; (ii) contain a review or any portion thereof that you were paid to write either directly or indirectly; or (iii) except as otherwise expressly permitted by us in writing, contain any advertising, promotional, solicitation or other commercial material.
You must not (a) create, upload or transmit Your Content if you do not have the right to do so; (b) create, upload or transmit Your Content or use the Service in any way that would violate any law or the rights of any person; (c) impersonate any person or entity, or forge or manipulate headers to disguise the origin of any of Your Content; (d) except as otherwise expressly permitted by this Agreement or a Service Agreement, harvest or otherwise collect information about others from the Service; (e) take any action that imposes or may impose an unreasonable or disproportionately large load on the Service or its infrastructure, or bypass any measures we may use to prevent or restrict access to any portion of the Service (or other accounts, networks or services connected thereto); (f) use manual or automated software, devices, or other processes to “crawl,” “scrape” or “spider” any of the Service or otherwise to copy, obtain, propagate, distribute or misappropriate any information or other content from the Service, including any of Our Property or any User Content; (g) distribute or otherwise make available any information or other content obtained through the Service to any third party, except as expressly permitted herein; (h) otherwise interfere in any manner with the use or operation of the Service; (i) abuse the Service’s chat or other features; or (j) use the Service in the development, directly or indirectly, of any product, software or service that offers any functionality substantially similar to, or competitive with, the Service.
You will indemnify Goally, and our licensors, providers and agents, against any and all claims, actions, proceedings, suits, liabilities, losses, damages, costs, expenses and attorneys’ fees (“Liabilities”) arising out of or related to your breach of this Agreement or your use of the Service (but excluding any Liabilities to the extent caused by our gross negligence or willful misconduct). We reserve the right to assume the sole control of the defense and settlement of any claim, action, suit or proceeding for which you are obliged to indemnify us. You will cooperate with us with respect to such defense and settlement.
These Terms are for the exclusive benefit of you and Goally. No third party has any rights to enforce any part of these Terms.
We are not liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including but not limited to natural disasters, war, pandemics, or internet failures.
We may assign or transfer our rights and obligations under these Terms without your consent. You may not assign your rights under these Terms without our prior written consent.
Contact Information
Goally, Inc.
3000 Lawrence St.
Denver, CO 80205
Email: [email protected]
Last Updated: November 14, 2024
