1. **INTRODUCTION**
By accessing or using [Goaty.ai](http://goaty.ai/)'s Services, you agree to be bound by this Terms of Use
Agreement (the “Terms” or “Agreement”), including our Privacy Policy, Cookie Policy, Community Guidelines, and
Safety Tips. Please read this Agreement and these policies and procedures carefully before you create an
account.
**PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 15 BELOW.** THESE PROVISIONS GOVERN HOW
DISPUTES WILL BE ADDRESSED BETWEEN YOU AND [GOATY.AI](http://goaty.ai/). THEY INCLUDE A MANDATORY
PRE-ARBITRATION INFORMAL DISPUTE RESOLUTION PROCESS (EXCEPT FOR INDIVIDUAL CLAIMS OF SEXUAL ASSAULT OR SEXUAL
HARASSMENT OCCURRING IN CONNECTION WITH YOUR USE OF THE SERVICES), AN ARBITRATION AGREEMENT, SMALL CLAIMS
COURT ELECTION, CLASS ACTION WAIVER, ADDITIONAL PROCEDURES FOR MASS ARBITRATION FILINGS, AND JURY TRIAL WAIVER
THAT AFFECT YOUR RIGHTS. IN ARBITRATION, THERE IS TYPICALLY LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.
We may update these Terms from time to time, so please check this page regularly for updates.
Welcome to [Goaty.ai](http://goaty.ai/).
The terms “us”, “we”, “Company” and/or “[Goaty.ai](http://goaty.ai/)” refer to Adaptive Plus Technology
Services Limited, AP Japan, or Adaptive Plus based on your country of residence. Together, you and
[Goaty.ai](http://goaty.ai/) may be referred to as the “Parties” or separately as a “Party.”
These Terms of Use apply between you and:
Adaptive Plus, LLC (“Adaptive Plus”), 575 Market Street, CA, 94107, United States
By accessing or using our Services on [Goaty.ai](http://goaty.ai/) (the "Website"), the
[Goaty](http://goaty.ai/) mobile application (the "App"), or any other platforms or services
[Goaty.ai](http://goaty.ai/) may offer (collectively, the "Service" or our "Services"), you agree to, and are
bound by this Agreement. This Agreement applies to anyone who accesses or uses our Services, regardless of
registration or subscription status.
Your access and use of our Services are also subject to the Privacy Policy, Cookie Policy, Community
Guidelines, and Safety Tips, and any terms disclosed and agreed to by you when you purchase additional
features, products, or services from [Goaty.ai](http://goaty.ai/) ("Additional Terms Upon Purchase"), which
are incorporated into this Agreement by reference. If you do not wish to be bound by this Agreement, do not
access or use our Services.
Subject to applicable law, we reserve the right to modify, amend, or change the Terms at any time. Notice of
material changes will be posted on this page with an updated effective date. In certain circumstances, we may
notify you of a change to the Terms via email or other means; however, you are responsible for regularly
checking this page for any changes. Your continued access or use of our Services constitutes your ongoing
consent to any changes, and as a result, you will be legally bound by the updated Terms. If you do not accept
a change to the Terms, you must stop accessing or using our Services immediately. Notwithstanding the
foregoing, any material changes to the Limitation of Liability in Section 14 and the Dispute Resolution
provisions in Section 15 below will require your affirmative acceptance. Further, we reserve the right to
change the availability of features in our subscription plans.
1. **ACCOUNT ELIGIBILITY; YOUR RESPONSIBILITIES**
Before you create an account on [Goaty.ai](http://goaty.ai/), make sure you are eligible to use our Services.
This Section also details what you can and can't do when using the Services, as well as the rights you grant
[Goaty.ai](http://goaty.ai/).
You are not authorized to create an account or use the Services unless all of the following are true, and by
using our Services, you represent and warrant that:
2. You are an individual (i.e., not a body corporate, partnership, or other business entity) at least 18 years
old;
3. You are legally qualified to enter a binding contract with [Goaty.ai](http://goaty.ai/);
4. 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;
5. You are not on any list of individuals prohibited from conducting business with the United States (for
example, the U.S. Treasury Department’s list of Specially Designated Nationals or any similar government
agency list) nor do you face any other similar prohibition);
6. You are not prohibited by law from using our Services;
7. You have not committed, been convicted of, or pled no contest to a felony or indictable offense (or crime
of similar severity), a sex crime, or any crime involving violence or a threat of violence, unless you have
received clemency for a non-violent crime and we have determined that you are not likely to pose a threat to
other users of our Services;
8. You are not required to register as a sex offender with any state, federal, or local sex offender registry;
9. You do not have more than one account on our Services; and
10. You have not previously been removed from our Services or our affiliates’ services by us or our
affiliates, unless you have our express written permission to create a new account.
If at any time you cease to meet these requirements, all authorization to access our Services or systems is
automatically revoked, and you must immediately delete your account, and we retain the right to remove your
access to our Services without warning.
You agree to:
1. Comply with these Terms, and check this page from time to time to ensure you are aware of any changes;
2. Comply with all applicable laws, including without limitation, privacy laws, intellectual property laws,
anti-spam laws, and regulatory requirements;
3. Use the latest version of the Website and/or App;
4. Review the Safety Tips;
5. Review and comply with the Community Guidelines, as updated from time to time; and
6. Take reasonable measures to protect the security of your login information.
You agree that you will not:
1. Misrepresent your identity, age, or affiliations with a person or entity;
2. Use the Services in a way that damages the Services or prevents their use by other users;
3. Use our Services in a way to interfere with, disrupt or negatively affect the platform, the servers, or our
Services' networks;
4. Use our Services for any harmful, illegal, or nefarious purpose, including, but not limited to, using any
Virtual Items for purposes of money laundering or other financial crimes;
5. Harass, bully, stalk, intimidate, assault, defame, harm or otherwise abuse or cause psychological harm;
6. Post or share Prohibited Content (see below);
7. Solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes
from other users or disseminate another person's personal information without his or her permission;
8. Solicit money or other items of value from another user, whether as a gift, loan, or form of compensation;
9. Use another user's account;
10. Use our Services in relation to fraud, a pyramid scheme, or other similar practice;
11. Use our Services in relation to any political campaign financing or for the purpose of influencing any
election, other than sharing your own personal political opinions.
12. Violate the terms of the license granted to you by [Goaty.ai](http://goaty.ai/) (see Section 6 below).
13. Disclose private or proprietary information that you do not have the right to disclose;
14. Copy, modify, transmit, distribute, or create any derivative works from, any Member Content or Our
Content, or any copyrighted material, images, trademarks, trade names, service marks, or other intellectual
property, content or proprietary information accessible through our Services without
[Goaty.ai](http://goaty.ai/)'s prior written consent;
15. Express or imply that any statements you make are endorsed by [Goaty.ai](http://goaty.ai/);
16. Use any robot, crawler, site search/retrieval application, proxy or other manual or automatic device,
method or process to access, retrieve, index, "data mine," or in any way reproduce or circumvent the
navigational structure or presentation of our Services or its contents;
17. Upload viruses or other malicious code or otherwise compromise the security of our Services;
18. Forge headers or otherwise manipulate identifiers to disguise the origin of any information transmitted to
or through our Services;
19. "Frame" or "mirror" any part of our Services without [Goaty.ai](http://goaty.ai/)'s prior written
authorization;
20. Use meta tags or code or other devices containing any reference to [Goaty.ai](http://goaty.ai/) or the
platform (or any trademark, trade name, service mark, logo or slogan of [Goaty.ai](http://goaty.ai/)) to
direct any person to any other website for any purpose;
21. Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble
any portion of our Services, or cause others to do so;
22. Use or develop any third-party applications that interact with our Services or Member Content or
information without our written consent, including but not limited to artificial intelligence or machine
learning systems;
23. Use, access, or publish the [Goaty.ai](http://goaty.ai/) application programming interface without our
written consent;
24. Probe, scan or test the vulnerability of our Services or any system or network;
25. Encourage, promote, or agree to engage in any activity that violates these Terms;
26. Create a new account after we suspend or terminate your account, unless you receive our express
permission; or
27. Submit a report about a member’s behavior or content that is false, misleading, or otherwise manifestly
unfounded, or abuse any [Goaty.ai](http://goaty.ai/) reporting or appeals request system made available.
The license granted to you under these Terms and any authorization to access the Services are automatically
revoked in the event that you do any of the above.
**Prohibited Content** - [Goaty.ai](http://goaty.ai/) prohibits uploading or sharing content that:
1. Could reasonably be deemed to be offensive or to harass, abuse, or cause psychological distress to another
person;
2. Is obscene, pornographic, violent, or contains nudity;
3. Is abusive, threatening, discriminatory, or that promotes or encourages racism, sexism, hatred, or bigotry;
4. Encourages or facilitates any illegal activity including, without limitation, terrorism, inciting racial
hatred or the submission of which in itself constitutes committing a criminal offense;
5. Encourages or facilitates any activity that may result in harm to the user or another person, including,
but not limited to, promotion of self-harm, eating disorders, dangerous challenges, violent extremism;
6. Is defamatory, libelous, or untrue;
7. Relates to commercial activities (including, without limitation, sales, competitions, promotions, and
advertising, solicitation for services, sex work, "sugar daddy" or "sugar baby" relationships, links to other
websites, or premium line telephone numbers);
8. Involves or facilitates the transmission of spam;
9. Contains any spyware, adware, viruses, corrupt files, worm programs, or other malicious code designed to
interrupt, damage, or limit the functionality of or disrupt any software, hardware, telecommunications,
networks, servers, or other equipment, Trojan horse, or any other material designed to damage, interfere with,
wrongly intercept, or expropriate any data or personal information whether from [Goaty.ai](http://goaty.ai/)
or otherwise;
10. Infringes upon any third party's rights (including, without limitation, intellectual property rights and
privacy rights);
11. Was not written by you, unless expressly authorized by [Goaty.ai](http://goaty.ai/);
12. Includes the image or likeness of another person without that person's consent (or in the case of a minor,
the minor's parent or guardian);
13. Includes an image or likeness of a minor who is unaccompanied by the minor's parent or guardian or not
fully clothed or otherwise depicts or implies a minor engaged in sexual activity;
14. Is inconsistent with the intended use of the Services; or
15. May harm the reputation of [Goaty.ai](http://goaty.ai/) or its affiliates, meaning the uploading or
sharing of content on the [Goaty.ai](http://goaty.ai/) platform that is defamatory to
[Goaty.ai](http://goaty.ai/) or its affiliates or advocates misuse of the Service or any service provided by
[Goaty.ai](http://goaty.ai/)’s affiliates.
The uploading or sharing of content that violates these Terms ("Prohibited Content") may result in the
immediate suspension or termination of your account.
1. **CONTENT**
It is important that you understand your rights and responsibilities concerning the content on our Services,
including any content you provide or post. You are expressly prohibited from posting inappropriate content.
While using our Services, you will have access to: (i) content that you upload or provide while using our
Services, even if suggested by our Services ("Your Content"); (ii) content that other users upload or provide
while using our Services ("Member Content"); and (iii) content that [Goaty.ai](http://goaty.ai/) provides on
and through our Services ("Our Content"). In this agreement, "content" includes, without limitation, all text,
images, video, audio, or other material on our Services, including information on users' profiles and direct
messages between users.
For additional information on how we moderate content, please see our Safety page for more details. For
additional information on how recommended profiles are ordered, please see the Method Behind our Matching.
3a. **YOUR CONTENT**
You are responsible for Your Content. Do not share anything that you wouldn't want others to see, that would
violate this Agreement, or that may expose you or us to legal liability.
You are solely responsible and liable for Your Content, and, therefore, you agree to indemnify, defend,
release, and hold us harmless from any claims made in connection with Your Content.
You represent and warrant to us that the information you provide to us or any other user is accurate,
including any information submitted through Facebook or other third-party sources (if applicable), and that
you will update your account information as necessary to ensure its accuracy.
The content included on your individual profile should be relevant to the intended use of our Services. You
may not upload any Prohibited Content, and your content must further comply with the Community Guidelines. You
may not display any personal contact, banking information, or peer-to-peer payment information, whether in
relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email
addresses, URLs, credit/debit card, peer-to-peer payment user name, or other banking details). If you choose
to reveal any personal information about yourself to other users, you do so at your own risk. We strongly
encourage you to use caution in disclosing any personal information online.
Your individual profile will be visible to other people around the world, so be sure that you are comfortable
sharing Your Content before you post. You acknowledge and agree that Your Content may be viewed by other
users, and, notwithstanding these Terms, other users may share Your Content with third parties. By uploading
Your Content, you represent and warrant to us that you have all necessary rights and licenses to do so and
automatically grant us a license to use Your Content as provided under Section 7 below.
We may provide tools and features to enhance individual expression through Your Content and Member Content
(described in Section 3b), and we’re constantly developing new technologies to improve our Services. Certain
tools or features may allow you to generate or enhance content based on Your Content. This is still Your
Content, and you are responsible for it and its accuracy, as well as your use of it on our Services and any
and all decisions made, actions taken, and failures to take action based on Your Content. Be careful in
choosing and sharing Your Content.
You understand and agree that we may monitor or review Your Content, and we have the right to remove, delete,
edit, limit, or block or prevent access to any of Your Content at any time at our sole discretion.
Furthermore, you understand and agree that we have no obligation to display or review Your Content.
3b. **MEMBER CONTENT**
While you will have access to Member Content, it is not yours and you may not copy or use Member Content for
any purpose except as contemplated by these Terms.
Other users will also share content on our Services. Member Content belongs to the user who posted the content
and is stored on our servers and displayed at the direction of that user.
You should always carefully review and independently verify Member Content for accuracy. Other users may use
tools to generate or enhance content based on the Member Content they provide. Member Content may include
biased, incorrect, harmful, offensive, or misleading information. Other users are responsible for their Member
Content, as well as any and all decisions made, actions taken, and failures to take action based on their use
of Member Content.
You do not have any rights concerning Member Content, and, unless expressly authorized by
[Goaty.ai](http://goaty.ai/), you may only use Member Content to the extent that your use is consistent with
our Services' purpose of allowing us to communicate with and meet one another. You may not copy the Member
Content or use Member Content for commercial purposes, to spam, to harass, or to make unlawful threats. We
reserve the right to terminate your account if you misuse Member Content.
3c. **OUR CONTENT**[Goaty.ai](http://goaty.ai/) owns or licenses all other content on our Services.
Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, images, and other
intellectual property appearing on our Services are owned, controlled, or licensed by us and protected by
copyright, trademark, and other intellectual property law rights. All rights, title, and interest in and to
Our Content remain with us at all times.
We grant you a limited license to access and use Our Content as provided under Section 6 below, and we reserve
all other rights.
1. **INAPPROPRIATE CONTENT AND MISCONDUCT; REPORTING**[Goaty.ai](http://goaty.ai/) does not tolerate
inappropriate content or behavior on our Services.
We are committed to maintaining a positive and respectful community, and we do not tolerate any inappropriate
content or misconduct, whether on or off the Services (including, but not limited to, on services operated by
our affiliates). We encourage you to report any inappropriate Member Content or misconduct by other users. You
can report a user directly through the "Report User" link on a user's profile or in the messaging experience.
You may also contact Customer Support.
As set forth in our Privacy Policy, we may share data between our affiliates for the safety and security of
our users and may take necessary actions if we believe you have violated these Terms, including banning you
from our Services and/or our affiliates’ services (such as Hinge, Plenty of Fish, OkCupid, Match, Meetic,
BlackPeopleMeet, LoveScout24, OurTime, Pairs, ParPerfeito, and Twoo; for more details, please see our Safety
page), and/or preventing you from creating new accounts. You understand and agree that we may not share
information with you regarding your account if doing so would potentially impair the safety or privacy of our
other users.
Member Content is subject to the terms and conditions of Sections 512(c) and/or 512(d) of the Digital
Millennium Copyright Act 1998. To submit a complaint regarding Member Content that may constitute intellectual
property infringement, see Section 12 (Digital Millennium Copyright Act) below.
1. **PRIVACY**
Privacy is important to us.
For information about how [Goaty.ai](http://goaty.ai/) and its affiliates collect, use, and share your
personal data, please read our Privacy Policy. By using our Services, you agree that we may use your personal
data in accordance with our Privacy Policy.
1. **RIGHTS YOU ARE GRANTED BY [GOATY.AI**Goaty.ai](http://goaty.ai/) grants you the right to use and enjoy
our Services, subject to these Terms.
For as long as you comply with these Terms, [Goaty.ai](http://goaty.ai/) grants you a personal, worldwide,
royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use our
Services for purposes as intended by [Goaty.ai](http://goaty.ai/) and permitted by these Terms and applicable
laws. This license and any authorization to access the Service are automatically revoked in the event that you
fail to comply with these Terms.
1. **RIGHTS YOU GRANT [GOATY.AI](http://goaty.ai/)**
You own all of the content you provide to [Goaty.ai](http://goaty.ai/), but you also grant us the right to use
Your Content as provided in this Agreement.
By creating an account, you grant to [Goaty.ai](http://goaty.ai/) a worldwide, perpetual, transferable,
sublicensable, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit,
publish, translate, modify, reformat, incorporate into other works, advertise, distribute and otherwise make
available to the general public Your Content, including any information you authorize us to access from
Facebook or other third-party sources (if applicable), in whole or in part, and in any way and in any format
or medium currently known or developed in the future. [Goaty.ai](http://goaty.ai/)'s license to Your Content
shall be non-exclusive, except that [Goaty.ai](http://goaty.ai/)'s license shall be exclusive concerning
derivative works created through use of our Services. For example, [Goaty.ai](http://goaty.ai/) would have an
exclusive license to screenshots of our Services that include Your Content.
In addition, so that [Goaty.ai](http://goaty.ai/) can prevent the use of Your Content outside of our Services,
you authorize [Goaty.ai](http://goaty.ai/) to act on your behalf concerning infringing uses of Your Content
taken from our Services by other users or third parties. This expressly includes the authority, but not the
obligation, to send notices pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices) on your behalf if
Your Content is taken and used by third parties outside of our Services. [Goaty.ai](http://goaty.ai/) is not
obligated to take any action concerning the use of Your Content by other users or third parties.
[Goaty.ai](http://goaty.ai/)'s license to Your Content is subject to your rights under applicable law (for
example, laws regarding personal data protection to the extent the content contains personal information as
defined by those laws).
In consideration for [Goaty.ai](http://goaty.ai/) allowing you to use our Services, you agree that we, our
affiliates, and our third-party partners may place advertising on our Services. By submitting suggestions or
feedback to [Goaty.ai](http://goaty.ai/) concerning our Services, you agree that [Goaty.ai](http://goaty.ai/)
may use and share such feedback for any purpose without compensating you.
You agree that [Goaty.ai](http://goaty.ai/) may access, preserve, and disclose your account information,
including Your Content, if required to do so by law or upon a good faith belief that such access,
preservation, or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these
Terms; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your
requests for customer service; (v) protect the rights, property or personal safety of the Company or any other
person, or (vi) to investigate, prevent, or take other action regarding illegal activity, suspected fraud, or
other wrongdoing.
1. **PURCHASES AND AUTOMATICALLY RENEWING SUBSCRIPTIONS**
You will have the opportunity to purchase products and services from [Goaty.ai](http://goaty.ai/). If you
purchase a subscription, it will automatically renew - and you will be charged - until you cancel.
[Goaty.ai](http://goaty.ai/) may offer products and services for purchase through iTunes, Google Play, or
other external services authorized by [Goaty.ai](http://goaty.ai/) (each, an "External Service," and any
purchases made thereon, an "External Service Purchase"). [Goaty.ai](http://goaty.ai/) may also offer products
and services for purchase via credit card or other payment processors on the Website or inside the App
("Internal Purchases").
If you purchase a subscription, it will automatically renew until you cancel, following the terms disclosed to
you at the time of purchase, as further described below.
If you cancel your subscription, you will continue to have access to your subscription benefits until the end
of your subscription period, at which point it will expire.
Because our Services may be utilized without a subscription, canceling your subscription does not remove your
profile from our Services. If you wish to fully terminate your account, you must terminate your account as set
forth in Section 9.
[Goaty.ai](http://goaty.ai/) operates a global business, and our pricing varies based on several factors. We
frequently offer promotional rates - which can vary based on region, length of subscription, bundle size, past
purchases, account activity and more. We also regularly test new features and payment options. If you do not
timely cancel your subscription, your subscription will be renewed at the full price as indicated when the
purchase was made, without any additional action by you, and you authorize us to charge your payment method
for these amounts. To the extent permissible by law, we reserve the right, including without prior notice, to
limit the available quantity of or discontinue making available any product, feature, service or other
offering; to impose conditions on the honoring of any coupon, discount, offer or other promotion; to bar any
user from making any transaction; and to refuse to provide any user with any product, service or other
offering.
8a. **EXTERNAL SERVICE PURCHASES AND SUBSCRIPTIONS**
External Service Purchases, including subscriptions, may be processed through the External Service, in which
case those purchases must be managed through your External Service Account. Subscriptions automatically renew
until you cancel.
When making a purchase on the Service, you may have the option to pay through an External Service, such as
with your Apple ID or Google Play account ("your External Service Account"), and your External Service Account
will be charged for the purchase following the terms disclosed to you at the time of purchase and the general
terms applicable to your External Service Account. Some External Services may charge you sales tax, depending
on where you live, which may change from time to time.
If your External Service Purchase includes an automatically renewing subscription, your External Service
Account will continue to be periodically charged for the subscription until you cancel. After your initial
subscription commitment period, and again after any subsequent subscription period, the subscription will
automatically continue for the price and time period you agreed to when subscribing. If you received a
discounted promotional offer, your price may go up per the terms of that offer following the initial
subscription period for any subsequent renewal period.
To cancel a subscription: If you do not want your subscription to renew automatically, or if you want to
change or terminate your subscription, you must log in to your External Service Account and follow
instructions to manage or cancel your subscription, even if you have otherwise deleted your account with us or
if you have deleted the App from your device. For example, if you subscribed using your Apple ID, cancellation
is handled by Apple, not [Goaty.ai](http://goaty.ai/). To cancel a purchase made with your Apple ID, go to
Settings within the app , and follow the instructions to cancel. You can also request assistance at Apple
Support.
Similarly, if you subscribed on Google Play, cancellation is handled by Google. To cancel a purchase made
through Google Play, launch the Google Play app on your mobile device and navigate to Settings. You can also
request assistance at Google Play. If you cancel a subscription, you may continue to use the canceled service
until the end of your then-current subscription term. The subscription will not be renewed when your
then-current term expires.
If you initiate a chargeback or otherwise reverse a payment made with your External Service Account,
[Goaty.ai](http://goaty.ai/) may terminate your account immediately in its sole discretion, on the basis that
you have determined that you do not want a [Goaty.ai](http://goaty.ai/) subscription. In the event that your
chargeback or other payment reversal is overturned, please contact Customer Care. [Goaty.ai](http://goaty.ai/)
will retain all funds charged to your External Service Account until you cancel your subscription through your
External Service Account. Certain users may be entitled to request a refund. See Section 8d below for more
information.
8b. **INTERNAL PURCHASES AND SUBSCRIPTIONS**
Internal Purchases, including subscriptions, are processed using the Payment Method you provide on the Website
or App. Subscriptions automatically renew until you cancel.
If you make an Internal Purchase, you agree to pay the prices displayed to you for the Services you've
selected as well as any sales or similar taxes that may be imposed on your payments (and as may change from
time to time), and you authorize [Goaty.ai](http://goaty.ai/) to charge the payment method you provide (your
"Payment Method"). [Goaty.ai](http://goaty.ai/) may correct any billing errors or mistakes even if we have
already requested or received payment. If you initiate a chargeback or otherwise reverse a payment made with
your Payment Method, [Goaty.ai](http://goaty.ai/) may terminate your account immediately in its sole
discretion, on the basis that you have determined that you do not want a [Goaty.ai](http://goaty.ai/)
subscription. In the event that your chargeback or other payment reversal is overturned, please contact
Customer Care.
If your Internal Purchase includes an automatically renewing subscription, your Payment Method will continue
to be periodically charged for the subscription until you cancel. After your initial subscription commitment
period, and again after any subsequent subscription period, your subscription will automatically continue for
the price and time period you agreed to when subscribing, until you cancel.
To cancel a subscription, log in to the Website or App and go to the Account section. If you cancel a
subscription, you may continue to use the canceled service until the end of your then-current subscription
term. The subscription will not be renewed when your then-current term expires.
You may edit your Payment Method information by using the Settings tool and following the link to let your
upgrade expire. If a payment is not successfully processed, due to expiration, insufficient funds, or
otherwise, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment
Method, as it may be updated. This may result in a change to your payment billing dates.
In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your
credit or debit card as provided by your credit or debit card issuer. The terms of your payment will be based
on your Payment Method and may be determined by agreements between you and the financial institution, credit
card issuer, or other provider of your chosen Payment Method. If you reside outside of the Americas, you agree
that your payment to [Goaty.ai](http://goaty.ai/) may be through Adaptive Plus Technology Services Limited,
and if you reside in the United States, that your payment to [Goaty.ai](http://goaty.ai/) may be through
Plentyoffish Media LLC. Certain users may be entitled to request a refund. See Section 8d below for more
information.
8c. **VIRTUAL ITEMS**
Virtual items are non-refundable and subject to certain conditions.
From time to time, you may have the opportunity to purchase a limited, personal, non-transferable,
non-sublicensable, revocable license to use or access special limited-use features including but not limited
to credits redeemable on virtual items, such as Super Like, Boost, Live Credits, or Gifts ("Virtual Item(s)")
from [Goaty.ai](http://goaty.ai/). You may only purchase Virtual Items from us or our authorized partners
through our Services.
Virtual Items represent a limited license right governed by this Agreement, and, except as otherwise
prohibited by applicable law, no title or ownership in or to Virtual Items is being transferred or assigned to
you. This Agreement should not be construed as a sale of any rights in Virtual Items.
Any Virtual Item balance shown in your account does not constitute a real-world balance or reflect any stored
value but instead constitutes a measurement of the extent of your license. Virtual Items do not incur fees for
non-use; however, the license granted to you in Virtual Items will terminate following the terms of this
Agreement, on the earlier of when [Goaty.ai](http://goaty.ai/) ceases providing our Services, or your account
is otherwise closed or terminated.
[Goaty.ai](http://goaty.ai/), in its sole discretion, reserves the right to charge fees for the right to
access or use Virtual Items and/or may distribute Virtual Items with or without charge.
[Goaty.ai](http://goaty.ai/) may manage, regulate, control, modify, or eliminate Virtual Items at any time,
including taking actions that may impact the perceived value or purchase price, if applicable, of any Virtual
Items. [Goaty.ai](http://goaty.ai/) shall have no liability to you or any third party in the event that
[Goaty.ai](http://goaty.ai/) exercises any such rights. The transfer of Virtual Items is prohibited, and you
shall not sell, redeem, or otherwise transfer Virtual Items to any person or entity. Virtual Items may only be
redeemed through our Services.
ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH OUR SERVICES ARE FINAL AND NON-REFUNDABLE. YOU
ACKNOWLEDGE THAT [GOATY.AI](http://goaty.ai/) IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU
WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH
CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
8d. **REFUNDS**
Generally, all purchases are nonrefundable. Special terms for refunds apply in the EU, EEA, UK, Switzerland,
Korea, and Israel. Special terms for refunds also apply in Arizona, California, Colorado, Connecticut,
Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin.
Generally, all purchases are final and nonrefundable, and there are no refunds or credits for partially used
periods, except if the laws applicable in your jurisdiction provide for refunds.
For subscribers residing in the EU, EEA, UK, and Switzerland:
In accordance with local law, you are entitled to a full refund during the 14 days after the subscription
begins. Please note that this 14-day period commences when the subscription starts.
For subscribers residing in Germany:
You may terminate your subscription after it has renewed with a notice period of one month. Your right to
terminate for cause remains unaffected.
For subscribers and purchasers of Virtual Items residing in the Republic of Korea:
In accordance with local law, you are entitled to a full refund for your subscription and/or unused Virtual
Items during the 7 days following the purchase. Please note that this 7-day period commences upon the
purchase.
For subscribers residing in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York,
North Carolina, Ohio, Rhode Island, Wisconsin, and Israel:
Your Right to Cancel – You may cancel your subscription, without penalty or obligation, at any time before
midnight of the third business day following the date you subscribed. In the event that you die before the end
of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had
made for your subscription which is allocable to the period after your death. If you become disabled (such
that you are unable to use our Services) before the end of your subscription period, you shall be entitled to
a refund of that portion of any payment you had made for your subscription which is allocable to the period
after your disability by providing the Company notice in the same manner as you request a refund, as described
below.
If any of the above apply to you and you subscribed using your Apple ID, your refund requests are handled by
Apple, not [Goaty.ai](http://goaty.ai/). To request a refund, please contact your External Service directly;
for example using your Apple device, go to Settings > iTunes & App Stores > [click on your Apple ID] > View
Apple ID > Purchase History. Find the transaction and select "Report a Problem." You can also request a refund
at Apple Support. For any other purchase, please contact [Goaty.ai](http://goaty.ai/) Customer Service by
emailing your request to admin@adaptive.plus with your order number (see your confirmation email) and all
required details for verification.
1. **ACCOUNT TERMINATION**
If you no longer wish to use our Services, or if we terminate your account for any reason, here's what you
need to know.
You can delete your account at any time by logging into the Website or App, going to "Settings", clicking
"Delete Account", and following the instructions to complete the deletion process. However, you will need to
cancel/manage any External Service Purchases through your External Service Account (e.g., iTunes, Google Play)
to avoid additional billing.
[Goaty.ai](http://goaty.ai/) reserves the right to investigate and, if appropriate, suspend or terminate your
account without a refund if [Goaty.ai](http://goaty.ai/) believes that you have violated these Terms, misused
our Services, or behaved in a way that [Goaty.ai](http://goaty.ai/) regards as inappropriate or unlawful, on
or off our Services. We reserve the right to use any personal, technological, legal, or other means available
to enforce the Terms, at any time without liability and without the obligation to give you prior notice,
including but not limited to preventing you from accessing the Services.
If your account is terminated by you or by [Goaty.ai](http://goaty.ai/) for any reason, these Terms continue
and remain enforceable between you and [Goaty.ai](http://goaty.ai/), and you will not be entitled to any
refund for purchases made. Your information will be maintained and deleted by our Privacy Policy.
1. **NO CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS**[Goaty.ai](http://goaty.ai/) does not conduct
criminal background or identity verification checks on its users. Though [Goaty.ai](http://goaty.ai/) strives
to encourage a respectful user experience, it is not responsible for the conduct of any user on or off the
Service. Use your best judgment when interacting with others and review our Safety Tips.
**YOU UNDERSTAND THAT [GOATY.AI](http://goaty.ai/) DOES NOT CONDUCT CRIMINAL BACKGROUND OR IDENTITY
VERIFICATION CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS.
[GOATY.AI](http://goaty.ai/) MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, IDENTITY, HEALTH,
PHYSICAL CONDITION, INTENTIONS, LEGITIMACY, OR VERACITY OF USERS. [GOATY.AI](http://goaty.ai/) RESERVES THE
RIGHT TO CONDUCT - AND YOU AUTHORIZE [GOATY.AI](http://goaty.ai/) TO CONDUCT - ANY CRIMINAL BACKGROUND CHECK
OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS, AND
YOU AGREE THAT ANY INFORMATION YOU PROVIDE MAY BE USED FOR THAT PURPOSE. IF THE COMPANY DECIDES TO CONDUCT ANY
SCREENING THROUGH A CONSUMER REPORTING AGENCY, YOU HEREBY AUTHORIZE THE COMPANY TO OBTAIN AND USE A CONSUMER
REPORT ABOUT YOU TO DETERMINE YOUR ELIGIBILITY UNDER THESE TERMS.**
- *YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. WE CANNOT AND DO NOT GUARANTEE YOUR
SAFETY AND ARE NOT A SUBSTITUTE FOR FOLLOWING THE SAFETY TIPS AND OTHER SENSIBLE SAFETY PRECAUTIONS. ALWAYS
USE YOUR BEST JUDGMENT AND TAKE APPROPRIATE SAFETY PRECAUTIONS WHEN COMMUNICATING WITH OR MEETING NEW PEOPLE.
COMMUNICATIONS RECEIVED THROUGH THE SERVICE, INCLUDING AUTOMATIC NOTIFICATIONS SENT BY
[GOATY.AI](http://goaty.ai/), MAY RESULT FROM USERS ENGAGING WITH THE SERVICE FOR IMPROPER PURPOSES, INCLUDING
FRAUD, ABUSE, HARASSMENT, OR OTHER SUCH IMPROPER BEHAVIOR. **
Though [Goaty.ai](http://goaty.ai/) strives to encourage a respectful user experience, it is not responsible
for the conduct of any user on or off the Service. You agree to use caution in all interactions with other
users, particularly if you decide to communicate off the Service or meet in person.
1. **DISCLAIMER**[Goaty.ai](http://goaty.ai/)'s Services are provided "as is" and we do not make, and cannot
make, any representations about the content or features of our Services or Member Content.
[**GOATY.AI](http://goaty.ai/) PROVIDES OUR SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS AND TO THE EXTENT
PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR
OTHERWISE WITH RESPECT TO OUR SERVICES (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT
LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
OR NON-INFRINGEMENT. [GOATY.AI](http://goaty.ai/) DOES NOT REPRESENT OR WARRANT THAT (A) OUR SERVICES WILL BE
UNINTERRUPTED, SECURE, OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN OUR SERVICES WILL BE DISCOVERED OR
CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH OUR SERVICES WILL BE ACCURATE,
COMPLETE, CURRENT OR APPROPRIATE FOR YOUR PURPOSES. FURTHERMORE, [GOATY.AI](http://goaty.ai/) MAKES NO
GUARANTEES AS TO THE NUMBER OF ACTIVE USERS AT ANY TIME; USERS' ABILITY OR DESIRE TO COMMUNICATE WITH OR MEET
YOU, OR THE ULTIMATE COMPATIBILITY WITH OR CONDUCT BY USERS YOU MEET THROUGH THE SERVICES.**
[**GOATY.AI](http://goaty.ai/) ASSUMES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD
PARTY POSTS, SENDS, RECEIVES, OR ACTS ON THROUGH OUR SERVICES, NOR DOES [GOATY.AI](http://goaty.ai/) ASSUME
ANY RESPONSIBILITY FOR THE IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF ANY USERS WITH WHOM YOU MAY
COMMUNICATE THROUGH [GOATY.AI](http://goaty.ai/). ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF OUR SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK. [GOATY.AI](http://goaty.ai/) IS NOT
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY
INCLUDING, BUT WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING,
HACKING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR
NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER DISRUPTION OR MALFUNCTION.**
1. **DIGITAL MILLENNIUM COPYRIGHT ACT**
We take copyright infringement very seriously. We ask you to help us to ensure we address it promptly and
effectively.
[Goaty.ai](http://goaty.ai/) has adopted the following policy towards copyright infringement following the
Digital Millennium Copyright Act (the "DMCA"). If you believe any Member Content or Our Content infringes upon
your intellectual property rights, please submit a notification alleging such infringement ("DMCA Takedown
Notice") including the following:
1. **A physical or electronic signature** of a person authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed;
2. **Identification of the copyrighted work** claimed to have been infringed, or, if multiple copyrighted
works at a single online site are covered by a single notification, a representative list of such works;
3. **Identification of the material claimed to be infringing** or to be the subject of infringing activity and
that is to be removed or access disabled and information reasonably sufficient to permit the service provider
to locate the material;
4. **Information reasonably sufficient to permit the service provider to contact you,** such as an address,
telephone number, and, if available, an electronic mail;
5. **A statement that you have a good faith belief that use of the material in the manner complained of** is
not authorized by the copyright owner, its agent, or the law; and
6. **A statement that, under penalty of perjury, the information in the notification is accurate** and you are
authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Any DMCA Takedown Notices should be sent to admin@adaptive.plus or via mail to the following address:
Copyright Compliance Department c/o Adaptive Plus Legal, 8750 N. Central Expressway, Dallas, Texas 75231
[Goaty.ai](http://goaty.ai/) will terminate the accounts of repeat infringers.
1. **ADS AND THIRD-PARTY CONTENT**
You may see ads and third-party promotions on our Services. [Goaty.ai](http://goaty.ai/) does not endorse and
isn’t responsible for your interactions with those products or services.
Our Services may contain advertisements and promotions offered by third parties and links to other websites or
resources. In addition, our Services may allow you to watch an advertisement in exchange for Virtual Items;
[Goaty.ai](http://goaty.ai/) does not guarantee that you will always be eligible to watch such advertisements,
or that any such advertisements will be available. [Goaty.ai](http://goaty.ai/) may also provide
non-commercial links or references to third parties within its content. [Goaty.ai](http://goaty.ai/) is not
responsible for the availability (or lack of availability) of any external websites or resources or their
content. Furthermore, [Goaty.ai](http://goaty.ai/) is not responsible for, and does not endorse, any products
or services that may be offered by third-party websites or resources. If you choose to interact with the third
parties made available through our Services, such party's terms will govern their relationship with you.
[Goaty.ai](http://goaty.ai/) is not responsible or liable for such third parties' terms or actions.
1. **LIMITATION OF LIABILITY**[Goaty.ai](http://goaty.ai/)'s liability is limited to the maximum extent
allowed by applicable law.
**TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL [GOATY.AI](http://goaty.ai/), ITS
AFFILIATES, EMPLOYEES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL, PUNITIVE, FIXED, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS,
WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES,
RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, (II) THE CONDUCT OR
CONTENT OF ANY USERS OR THIRD PARTIES ON OR THROUGH ANY OF OUR AFFILIATES’ SERVICES OR IN CONNECTION WITH THE
SERVICES; OR (III) ANY UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF
[GOATY.AI](http://goaty.ai/) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL [GOATY.AI](http://goaty.ai/)'S AGGREGATE LIABILITY TO YOU FOR
ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF (A) $100 USD OR (B) THE AMOUNT PAID, IF ANY, BY YOU
TO [GOATY.AI](http://goaty.ai/) FOR THE SERVICES DURING THE TWENTY-FOUR (24) MONTH PERIOD IMMEDIATELY
PRECEDING THE DATE THAT YOU FIRST FILE A LAWSUIT, ARBITRATION OR ANY OTHER LEGAL PROCEEDING AGAINST
[GOATY.AI](http://goaty.ai/), WHETHER STATUTORY, IN LAW OR IN EQUITY, IN ANY TRIBUNAL. THE DAMAGES LIMITATION
SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE APPLIES (i) REGARDLESS OF THE GROUND UPON WHICH LIABILITY IS
BASED (WHETHER DEFAULT, CONTRACT, TORT, STATUTE, OR OTHERWISE), (ii) IRRESPECTIVE OF THE TYPE OF BREACH OF
RIGHTS, PRIVILEGES, OR OBLIGATIONS, AND (iii) WITH RESPECT TO ALL EVENTS, THE SERVICE, AND THIS AGREEMENT.**
**THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION 14 SHALL APPLY EVEN IF YOUR REMEDIES UNDER
THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.**
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE LIMITATIONS IN THIS
SECTION MAY NOT APPLY TO YOU.
1. **DISPUTE RESOLUTION SECTION**
In the unlikely event that we have a legal dispute, here is how the Parties agree to proceed, except where
prohibited by applicable law.
Any Subsection in this Dispute Resolution Section that is prohibited by law shall not apply to the users
residing in that jurisdiction, including Subsections 15b, 15c, 15d, and 15e, which shall not apply to users
residing within the EU, EEA, UK, or Switzerland. The online dispute settlement platform of the European
Commission is available at Online Dispute Resolution | European Commission. [Goaty.ai](http://goaty.ai/) does
not take part in dispute settlement procedures in front of a consumer arbitration entity for users residing in
the EU, EEA, UK, or Switzerland.
15a. **INFORMAL DISPUTE RESOLUTION PROCESS**
If you are dissatisfied with our Services for any reason, please contact [Goaty.ai](http://goaty.ai/) Customer
Service first so we can try to resolve your concerns without the need of outside assistance. If you choose to
pursue a dispute, claim, or controversy against [Goaty.ai](http://goaty.ai/), these terms will apply. For
purposes of this Dispute Resolution Process and Arbitration Procedures set forth in Section 15,
“[Goaty.ai](http://goaty.ai/)” shall include our affiliates, employees, licensors, and service providers.
[Goaty.ai](http://goaty.ai/) values its relationship with you and appreciates the mutual benefit realized from
informally resolving Disputes. “Dispute” is any dispute, claim, or controversy between you and
[Goaty.ai](http://goaty.ai/) that arises from or relates in any way to this Agreement (including any alleged
breach of this Agreement), the Service, or our relationship with you. “Dispute” as used in this Agreement
shall have the broadest possible meaning and include claims that arose before the existence of this or any
prior Agreement and claims that arise during the term of this Agreement or after the termination of this
Agreement (unless this Agreement is superseded by a subsequent Agreement entered into by you and
[Goaty.ai](http://goaty.ai/)). If you have a Dispute with [Goaty.ai](http://goaty.ai/) (“Your Dispute”),
before formally pursuing Your Dispute in arbitration or small claims court, you agree to first send a detailed
notice (“Notice”) to CT Corporation, 1209 Orange Street, City of Wilmington, County of New Castle, Delaware
19801, USA. However, if Your Dispute includes individual claims of sexual assault or sexual harassment
occurring in connection with your use of the Services, then you are not required to send a Notice before
pursuing your claims undergo Section 17. If [Goaty.ai](http://goaty.ai/) has a Dispute with you
(“[Goaty.ai](http://goaty.ai/)’s Dispute"), [Goaty.ai](http://goaty.ai/) agrees to first send a Notice to you
at your most recent email address on file with us, or if no email address is on file, other contact
information associated with your account. Your Notice must contain all of the following information: (1) your
full name; (2) information that enables [Goaty.ai](http://goaty.ai/) to identify your account, including a
picture or screenshot of your profile, your address, mobile phone number, email address, and date of birth you
used to register your account if any; and (3) a detailed description of your Dispute, including the nature and
factual basis of your claim(s) and the relief you are seeking with a corresponding calculation of your alleged
damages (if any). You must personally sign this Notice for it to be effective. [Goaty.ai](http://goaty.ai/)’s
Dispute Notice must likewise set forth a detailed description of [Goaty.ai](http://goaty.ai/)’s Dispute, which
shall include the nature and factual basis of its claim(s) and the relief it is seeking, with a corresponding
calculation of our damages (if any). You and [Goaty.ai](http://goaty.ai/) agree to then negotiate in good
faith in an effort to resolve the Dispute. As part of these good faith negotiations,
[Goaty.ai](http://goaty.ai/) may request a telephone conference with you to discuss Your Dispute, and you
agree to personally participate, with your attorney if you’re represented by counsel. Likewise, you may
request a telephone conference to discuss [Goaty.ai](http://goaty.ai/)’s Dispute with you, and
[Goaty.ai](http://goaty.ai/) agrees to have one representative participate. (For the avoidance of doubt,
[Goaty.ai](http://goaty.ai/)’s termination of your account, as set forth in Section 4 above, is not
[Goaty.ai](http://goaty.ai/)’s Dispute with you.) This informal process should lead to a resolution of the
Dispute. However, if the Dispute is not resolved within 60 days after receipt of a fully completed Notice and
the Parties have not otherwise mutually agreed to an extension of this informal dispute resolution time
period, you or [Goaty.ai](http://goaty.ai/) may initiate an arbitration (subject to a Party’s right to elect
small claims court as provided below).
Completion of this informal dispute resolution is a condition precedent to filing any demand for arbitration
or small claims court action (except for individual claims of sexual assault or sexual harassment occurring in
connection with your use of the Services). Failure to do so is a breach of this Agreement. The statute of
limitations and any filing fee deadlines will be tolled while you and [Goaty.ai](http://goaty.ai/) engage in
this informal dispute resolution process. Unless prohibited by applicable law, the arbitration provider,
National Arbitration and Mediation (“NAM”), shall not accept or administer any demand for arbitration and
shall administratively close any arbitration unless the Party bringing such demand for arbitration can certify
in writing that the terms and conditions of this informal dispute resolution process were fully satisfied. A
court of competent jurisdiction shall have authority to enforce this provision and to enjoin any arbitration
proceeding or small claims court action accordingly.
All offers, promises, conduct, and statements made in the course of the informal dispute resolution process by
any party, its agents, employees, and attorneys are confidential and not admissible for any purpose in any
subsequent proceeding (except to the extent required to certify in writing that the Party met the requirements
of this informal dispute resolution process before commencing a NAM arbitration), provided that evidence that
is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable.
15b. **INDIVIDUAL RELIEF: CLASS ACTION AND JURY TRIAL WAIVER**
TO THE FULLEST EXTENT ALLOWABLE BY LAW, YOU AND [GOATY.AI](http://goaty.ai/) EACH WAIVE THE RIGHT TO A JURY
TRIAL AND THE RIGHT TO LITIGATE DISPUTES IN COURT IN FAVOR OF INDIVIDUAL ARBITRATION (EXCEPT FOR SMALL CLAIMS
COURT OR FOR INDIVIDUAL CLAIMS OF SEXUAL ASSAULT OR SEXUAL HARASSMENT OCCURRING IN CONNECTION WITH YOUR USE OF
THE SERVICES, AS PROVIDED HEREIN). YOU AND [GOATY.AI](http://goaty.ai/) EACH WAIVE THE RIGHT TO FILE OR
PARTICIPATE IN A CLASS ACTION AGAINST THE OTHER OR OTHERWISE TO SEEK RELIEF ON A CLASS BASIS, INCLUDING ANY
CURRENTLY PENDING ACTIONS AGAINST [GOATY.AI](http://goaty.ai/). TO THE FULLEST EXTENT ALLOWABLE BY LAW, THERE
SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS, COLLECTIVE,
REPRESENTATIVE, CONSOLIDATED, OR PRIVATE ATTORNEY GENERAL BASIS. THE ARBITRATOR CAN AWARD THE SAME RELIEF
AVAILABLE IN COURT PROVIDED THAT THE ARBITRATOR MAY ONLY AWARD FINAL RELIEF (INCLUDING INJUNCTIVE OR
DECLARATORY RELIEF) IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO
PROVIDE FINAL RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT AWARD FINAL RELIEF
FOR, AGAINST, OR ON BEHALF OF ANYONE WHO IS NOT A PARTY TO THE ARBITRATION ON A CLASS, COLLECTIVE,
REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL BASIS. IF A COURT DETERMINES THAT ANY OF THESE PROHIBITIONS IN
THIS PARAGRAPH ARE UNENFORCEABLE AS TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF (SUCH AS A REQUEST FOR PUBLIC
INJUNCTIVE RELIEF), AND ALL APPEALS OF THAT DECISION ARE AFFIRMED AND SUCH DECISION BECOMES FINAL, THEN YOU
AND [GOATY.AI](http://goaty.ai/) AGREE THAT THAT PARTICULAR CLAIM OR REQUEST FOR RELIEF SHALL PROCEED IN COURT
BUT SHALL BE STAYED PENDING INDIVIDUAL ARBITRATION OF THE REMAINING CLAIMS FOR RELIEF THAT YOU HAVE BROUGHT.
IF THIS SPECIFIC PARAGRAPH IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION
(EXCEPT FOR THE JURY TRIAL WAIVER AND THE INFORMAL DISPUTE RESOLUTION PROCESS) SHALL BE NULL AND VOID. THIS
PARAGRAPH IS AN ESSENTIAL PART OF THIS ARBITRATION AGREEMENT.
15c. **DISPUTE RESOLUTION THROUGH ARBITRATION OR SMALL CLAIMS COURT**
Any Dispute (that is not resolved informally by [Goaty.ai](http://goaty.ai/) Customer Service or as provided
under Subsection 15a above) shall be exclusively resolved through BINDING INDIVIDUAL ARBITRATION except as
specifically provided otherwise in this Dispute Resolution Section. Notwithstanding the foregoing, either you
or [Goaty.ai](http://goaty.ai/) may elect to have an individual claim heard in small claims court, and
individual claims of sexual assault or sexual harassment occurring in connection with your use of the Services
may be brought following Section 17. If the request to proceed in small claims court is made after an
arbitration has been initiated but before an arbitrator has been appointed, such arbitration shall be
administratively closed by the arbitration provider (e.g., NAM). Any controversy over the small claims court’s
jurisdiction shall be exclusively determined by such small claims court. No determinations made by a small
claims court shall have preclusive effect in any proceeding involving [Goaty.ai](http://goaty.ai/) and anyone
other than you. In the event such small claims court specifically determines that it is without jurisdiction
to hear the Dispute, you and [Goaty.ai](http://goaty.ai/) shall arbitrate the Dispute under the terms of this
Agreement. All other issues (except as otherwise provided herein) are exclusively for the Arbitrator to
decide, including but not limited to scope and enforceability of this Dispute Resolution Section and including
questions of arbitrability, any request to proceed in small claims court that is made after an arbitrator has
been appointed, and any dispute as to whether either Party is in breach or default of the Dispute Resolution
Section or has explicitly or implicitly waived the right to arbitrate. If you or [Goaty.ai](http://goaty.ai/)
challenge the small claims court election in your Dispute, and a court of competent jurisdiction determines
that the small claims court election is unenforceable, then such election shall be severed from this Agreement
as to your Dispute. However, such court determination shall not be considered or deemed binding or have a
preclusive effect concerning any proceeding involving [Goaty.ai](http://goaty.ai/) and anyone other than you.
Any court proceeding to enforce this Dispute Resolution Section 15, including any proceeding to confirm,
modify, or vacate an arbitration award, must commence according to Section 17. In the event Dispute Resolution
Section 15 is for any reason held to be unenforceable, any litigation against [Goaty.ai](http://goaty.ai/)
(except for small claims court actions) may commence only in the federal or state courts located in Dallas
County, Texas. You hereby irrevocably consent to those courts’ exercise of personal jurisdiction over you for
such purposes and waive any claim that such courts constitute an inconvenient forum.
15d. **INDIVIDUAL ARBITRATION AND MASS ARBITRATION PROTOCOLS**
This Subsection 15d applies to Disputes that are submitted to NAM after fully completing the informal dispute
resolution process described in Subsection 15a above and when no small claims court election is made by you or
[Goaty.ai](http://goaty.ai/). Any arbitration between you and [Goaty.ai](http://goaty.ai/) shall be
administered by NAM in accordance with NAM’s operative Comprehensive Dispute Resolution Rules and Procedures
(the “NAM Rules”) in effect at the time any demand for arbitration is filed with NAM, as modified by this
Dispute Resolution Section 15. For a copy of the NAM Rules, please visit Rules, Fees & Forms - National
Arbitration and Mediation or contact NAM at NAM’s National Processing Center at 990 Stewart Avenue, 1st Floor,
Garden City, NY 11530 or at email address [commercial@namadr.com](mailto:commercial@namadr.com). If NAM is
unable or unwilling to perform its duties under this Agreement, the Parties shall mutually agree on an
alternative administrator that will replace NAM and assume NAM’s role consistent with this Agreement and this
Agreement will govern to the extent it conflicts with the arbitration provider’s rules. If the Parties are
unable to agree, they will petition a court of competent jurisdiction to appoint an arbitration provider who
will assume NAM’s duties under this Agreement, and this Agreement will govern to the extent it conflicts with
the arbitration provider’s rules.
The Parties agree that the following procedures will apply to any Arbitrations initiated under this Dispute
Resolution Section (subject to either Party’s small claims court election as described above):
**Commencing an Arbitration** – To initiate an arbitration, you or [Goaty.ai](http://goaty.ai/) shall send to
NAM a demand for arbitration (“Demand for Arbitration”) that describes the claim(s) and request for relief in
detail, consistent with the requirements in this Agreement and NAM Rules. If you send a Demand for
Arbitration, you shall also send it to [Goaty.ai](http://goaty.ai/) at CT Corporation, 1209 Orange Street,
City of Wilmington, County of New Castle, Delaware 19801, USA, within 7 days of delivery of the Demand for
Arbitration to NAM. If [Goaty.ai](http://goaty.ai/) sends a Demand for Arbitration, we will also send it to
your mailing address on file with us within the same 7-day period. If your mailing address is unavailable, we
will send it to your email address on file, or if no email address is on file, other contact information
associated with your account. The arbitration provider shall not accept or administer any demand for
arbitration and shall administratively close any such demand for arbitration that fails to certify in writing
that the Party meets the requirements of Dispute Resolution Section 15 or if either Party elects small claims
court as set forth above.
**Fees** – The payment of NAM fees shall be governed by the NAM Rules, except to the extent that the case is a
part of a Mass Filing (as defined below) or the NAM fees and costs (including Arbitrator fees) paid by either
Party are reallocated upon order of the Arbitrator following a determination that (a) either Party breached
Section 15 of this Agreement, (b) such reallocation is called for under this Agreement, or (c) reallocation is
otherwise permitted under applicable law. Upon a showing to [Goaty.ai](http://goaty.ai/) of your financial
hardship we will consider a good faith request made by you to pay your portion of the applicable consumer
portion of the filing fee. [Goaty.ai](http://goaty.ai/) is committed to ensuring that arbitration costs to
consumers do not serve as a barrier to the adjudication of disputes. If [Goaty.ai](http://goaty.ai/) initiates
arbitration against you, we shall pay all NAM fees.
**The Arbitrator** – The arbitration shall be conducted by a single, neutral arbitrator (the “Claim
Arbitrator”), as assisted by any Process Arbitrator appointed under NAM Rules. (The term “Arbitrator” applies
to both the Claim Arbitrator and the Process Arbitrator). If a hearing is elected by either Party, the
Arbitrator shall be in or close to the location in which you reside. The Arbitrator is bound by and shall
adhere to this Agreement. In the event NAM Rules conflict with this Agreement, the terms of this Agreement
shall control. If the Arbitrator determines that the strict application of any term of Section 15 of this
Agreement (except for the small claims election, which shall be determined by the small claims court) would
result in a fundamentally unfair arbitration (the “Unfair Term”), then the Arbitrator shall have authority to
modify the Unfair Term to the extent necessary to ensure a fundamentally fair arbitration that is consistent
with the Terms of Use (the “Modified Term”). In determining the substance of a Modified Term, the Arbitrator
shall select a term that comes closest to expressing the intention of the Unfair Term.
**Dispositive Motions** – The Parties agree that the Claim Arbitrator shall have the authority to consider
dispositive motions without an oral evidentiary hearing. Dispositive motions may be requested under the
following circumstances: (a) within 30 days after the Claim Arbitrator’s appointment, a Party may request to
file a dispositive motion based upon the pleadings; and (b) no later than 30 days before the evidentiary
hearing, a Party may request to file a dispositive motion for summary judgment based upon the Parties’
pleadings and the evidence submitted.
**Discovery** – Each Party may (a) serve up to five requests for relevant, non-privileged documents from the
other Party; and (b) request that the other Party provide verified responses to no more than 5 relevant
interrogatories (including subparts). Unless both Parties agree otherwise, no other forms of discovery
(including depositions) may be utilized. Any such discovery requests must be served on the other Party within
21 days after the Claim Arbitrator’s appointment. The responding Party shall provide the requesting Party with
all responsive, non-privileged documents, responses signed by the Party themselves to the requested
interrogatories, and/or any objections to the requests within 30 days after receipt of the requests, or, in
the event of an objection to any discovery request, 30 days after the Claim Arbitrator resolves the dispute.
In the event either Party requests that the Claim Arbitrator consider a dispositive motion on the pleadings,
such written discovery response deadlines shall be extended until 30 days following the Claim Arbitrator’s
final decision on such dispositive motion. If after meeting and conferring the Parties cannot agree on a
dispute about discovery or a request for extension, that matter shall be submitted promptly to the Claim
Arbitrator for resolution. In ruling on any discovery matter, the Claim Arbitrator shall take into
consideration the nature, amount, and scope of the underlying arbitration claim, the cost and other effort
that would be involved in providing the requested discovery, the case schedule, and the extent to which the
requested discovery is truly necessary for the adequate preparation of a claim or defense, and NAM’s goal of
efficient and economical resolutions. The burden of establishing good cause for any additional discovery is on
the moving Party.
**Confidentiality** – Upon either Party’s request, the Arbitrator will issue an order requiring that
confidential information of either Party disclosed during the arbitration (whether in documents or orally) may
not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration
award and that any permitted court filing of confidential information must be done under seal.
**Arbitration Hearing** – You and [Goaty.ai](http://goaty.ai/) are entitled to a fair evidentiary hearing
(i.e. trial) before the Claim Arbitrator. Arbitration proceedings are usually simpler, less costly, and more
streamlined than trials and other judicial proceedings. The Parties agree to waive all oral hearings and
instead submit all disputes to the Claim Arbitrator for an award based on written submissions and other
evidence as the Parties may agree, unless a Party requests an oral hearing at least within 10 days after the
Respondent files a response. If an oral evidentiary hearing is requested, both Parties must be personally
present at the hearing, regardless of whether either Party has retained counsel. Both Parties must personally
attend the hearing. Either Party’s failure to personally attend the hearing, without a continuance ordered by
the Claim Arbitrator for good cause, will result in a default judgment taken against that Party.
**Arbitration Award** – Regardless of the format of the arbitration, the Claim Arbitrator shall provide a
reasoned decision, in writing within 30 days after the hearing or, if no hearing is held, within 30 days after
any rebuttal or supplemental statements are due. The decision must clearly specify the relief, if any, awarded
and contain a brief statement of the reasons for the award. The arbitration award is binding only between you
and [Goaty.ai](http://goaty.ai/) and will not have any preclusive effect in another arbitration or proceeding
that involves a different Party. The Claim Arbitrator may, however, choose to consider rulings from other
arbitrations involving a different Party. The Arbitrator may award fees and costs as provided by the NAM Rules
or to the extent such fees and costs could be awarded in court. This includes but is not limited to the
ability of the Arbitrator to award fees and costs if the Arbitrator determines that a claim or defense is
frivolous or was brought for an improper purpose, for the purpose of harassment, or in bad faith.
**Offer of Settlement** – The Respondent may, but is not obligated to, make a written settlement offer to the
opposing Party any time before the evidentiary hearing or, if a dispositive motion is permitted, before the
dispositive motion is granted. The amount or terms of any settlement offer may not be disclosed to the Claim
Arbitrator until after the Claim Arbitrator issues an award on the claim. If the award is issued in the
opposing Party’s favor and is less than the Respondent’s settlement offer or if the award is in the
Respondent’s favor, the opposing Party must pay the Respondent’s costs incurred after the offer was made,
including any attorney’s fees. If any applicable statute or case law prohibits the flipping of costs incurred
in the arbitration, then the offer in this provision shall serve to cease the accumulation of any costs that
claimant may be entitled to for the cause of action under which it is suing.
**Mass Filing** – If, at any time, 25 or more similar demands for arbitration are asserted against
[Goaty.ai](http://goaty.ai/) or related parties by the same or coordinated counsel or entities (“Mass
Filing”), consistent with the definition and criteria of Mass Filings set forth in the NAM’s Mass Filing
Supplemental Dispute Resolution Rules and Procedures (“NAM’s Mass Filing Rules”, available at
https://www.namadr.com/resources/rules-fees-forms/), the additional protocols set forth below shall apply.
If you or your counsel file a Demand for Arbitration that fits within the definition of Mass Filing referred
to above, then you agree that your Demand for Arbitration shall be subject to the additional protocols set
forth in this Mass Filing subsection. You also acknowledge that the adjudication of your Dispute might be
delayed and that any applicable statute of limitations shall be tolled from the time at which the first cases
are chosen to proceed until your case is chosen for a bellwether proceeding.
NAM’s Mass Filing Rules shall apply if your Dispute is deemed by NAM, in its sole discretion pursuant to its
Rules and this Dispute Resolution Section, to be part of a Mass Filing. Such election for NAM’s Mass Filing
Rules and related fee schedule must be made by either you or [Goaty.ai](http://goaty.ai/) in writing and
submitted to NAM and all Parties.
**Bellwether Proceedings.** Bellwether proceedings are encouraged by courts and arbitration administrators
when there are multiple disputes involving similar claims against the same or related parties. For the first
set of bellwether proceedings, counsel for the Mass Filings claimants (including you) and counsel for
[Goaty.ai](http://goaty.ai/) shall each select 15 Demands for Arbitration (30 total) to proceed, and no more
than those 30 arbitrations shall be filed, processed, adjudicated, or pending at such time, with each of the
30 individual arbitrations presided over by a different Claim Arbitrator. During this time, no other Demands
for Arbitration that are part of the Mass Filings may be filed, processed, adjudicated, or pending. If the
Parties are unable to resolve the remaining Demands for Arbitration after the first set of bellwether
proceedings are arbitrated or otherwise resolved, then the Parties will continue to engage in the bellwether
proceedings for an additional four (4) rounds, increasing the number of Demands for Arbitration selected by
counsel for each Party by five (5) with each round, so that during the second round, counsel for the Claimants
and counsel for [Goaty.ai](http://goaty.ai/) shall each select an additional 20 Demands for Arbitration (40
total), in the third round, 25 each (50 total), in the fourth round, 30 each (60 total), and in the fifth
round 35 each (70 total). Within each round, each of the individual arbitrations is to be presided over by a
different Claim Arbitrator, and during these additional rounds of the bellwether proceedings, no other Demands
for Arbitration that are part of the Mass Filings may be filed, processed, or adjudicated once selected by the
Procedural Arbitrator. Following the first round of bellwether proceedings, but before the second round of
bellwether proceedings, counsel for the Parties shall participate in a global mediation, before a retired
federal or state-court judge (unless the Parties agree otherwise), with [Goaty.ai](http://goaty.ai/) to pay
the mediator’s fees. Following the second, third, fourth, and fifth rounds of bellwether proceedings, counsel
for both parties should discuss additional mediation and seek out opportunities to resolve the remaining
Demands for Arbitration, but will only proceed with mediation upon the consent of counsel for all Parties. If
the Parties are unable to resolve the remaining Demands for Arbitration after the fifth set of bellwether
proceedings are arbitrated or otherwise resolved, and the Parties decide to not continue with additional
rounds of bellwether proceedings, then counsel for the Claimants and counsel for [Goaty.ai](http://goaty.ai/)
shall discuss with NAM a fair process for individually adjudicating the remaining Demands for arbitration.
Under this process, the Procedural Arbitrator will make the final decision on the number of Demands for
Arbitration that can proceed individually at any time, as well as a method for selecting which Demands for
Arbitration will proceed, taking into account the number of individual arbitrations that counsel for Claimants
and counsel for [Goaty.ai](http://goaty.ai/) are able to reasonably manage at the same time, as well as the
number of individual arbitrations that NAM is able to administer. A Demand for Arbitration that was not
included in the bellwethering process will only be deemed filed, processed, or adjudicated once selected by
the Procedural Arbitrator. At any time after the first set of Demands for Arbitration are resolved (30 Demands
for Arbitration total), the Parties may agree to forgo the bellwether proceedings for any additional Demands
for Arbitration deemed to be part of the Mass Filings. Fees associated with a Demand for Arbitration included
in the Mass Filings, including fees owed by [Goaty.ai](http://goaty.ai/) and the Claimants (including you),
shall only be due after the Demand for Arbitration is chosen to proceed as part of a set of bellwether
proceedings, or after being selected by the Procedural Arbitrator following completion of the bellwether
proceedings, and therefore properly designated for filing, processing, and adjudication. The Parties are
encouraged to meet and confer throughout this process regarding ways to streamline the proceedings, including
discussion of potential ways to increase the number of Demands for Arbitration to be adjudicated in sets of
staged bellwether proceedings. Either Party may negotiate with NAM as to reducing and deferring fees and
streamlining procedures. If you are a Mass Filing claimant, any applicable statute of limitations (or other
applicable limitations period) shall be tolled beginning when you initiate the informal dispute resolution
process set forth in Subsection 15a of the Agreement, and if the first Mass Filings’ Demands for Arbitration
that are chosen for the initial set of bellwether proceedings have been filed, your claims will remain tolled
until your Demand for Arbitration is either selected by counsel for the Parties in the bellwether proceedings
or selected by the Procedural Arbitrator following completion of the bellwether proceedings. A court of
competent jurisdiction located in a venue allowed under Section 17 of the Agreement shall have the power to
enforce this subsection.
You and [Goaty.ai](http://goaty.ai/) agree that we each value the integrity and efficiency of the arbitration
and small claims court process and wish to employ the process for the fair resolution of genuine and sincere
disputes between us. You and [Goaty.ai](http://goaty.ai/) acknowledge and agree to act in good faith to ensure
the fair resolution of genuine and sincere Disputes. The Parties further agree that the application of these
Mass Filings procedures has been reasonably designed to result in an efficient and fair adjudication of such
cases.
15e. **FUTURE CHANGES AND RETROACTIVE APPLICATION**
This Dispute Resolution Section 15 applies to all Disputes between the Parties, including any claims that
accrued against you or [Goaty.ai](http://goaty.ai/) before the time of your consent to this Agreement and any
claims that accrue against you or [Goaty.ai](http://goaty.ai/) after your consent to this Agreement.
Notwithstanding any provision in this Agreement to the contrary, you may elect to opt out of the retroactive
application of this Dispute Resolution Section 15 as to claims that have accrued against you or against
[Goaty.ai](http://goaty.ai/) before the time of your consent to this Agreement. You may opt out by sending us
written notice, within 30 days of the time you consent to this Agreement, to the following email address:
[a](mailto:tinderoptout@match.com)dmin@adaptive.plus. Please do not direct any customer support inquiries to
this email, as they will not be addressed; such inquiries should be directed to customer support. You must
include information sufficient to identify your account(s), such as the email address or phone number
associated with your account(s), and should include a statement that you are opting out of the retroactive
application of this Dispute Resolution Section 15. Please note: if you opt out of the retroactive application
of this Dispute Resolution Section 15, you will still be subject to and bound by any Dispute Resolution
Sections and Arbitration Procedures you previously agreed to, including any arbitration provisions, class
action waivers, and retroactive application sections. Also, regardless of whether you opt out of the
retroactive application of these changes, the Parties will resolve any claims that accrue against you or
[Goaty.ai](http://goaty.ai/) after your consent to this Agreement in accordance with this Dispute Resolution
Section.
1. **GOVERNING LAW**
Texas law and the Federal Arbitration Act will apply to any Dispute (except where prohibited by law).
The laws of Texas, U.S.A., without regard to its conflict of laws rules, shall explicitly apply to any Dispute
arising out of or relating to this Agreement or our Services, and the Dispute Resolution Process set forth in
Section 15 shall be governed by the Federal Arbitration Act.
In the EU and EEA, the choice of Texas governing law shall not apply only where a mandatory consumer
protection law explicitly prohibits such choice of law provisions.
1. **VENUE/FORUM SELECTION**
To the fullest extent allowable by law, any claims that are not arbitrated for any reason must be litigated in
Dallas County, Texas, except for claims filed in small claims court, or for users residing in the EU, EEA, UK,
Switzerland, or another jurisdiction where prohibited by law.
Except where prohibited by law, including for users residing in the EU, EEA, UK, or Switzerland, who may bring
claims in their country of residence in accordance with applicable law, and except for claims that are heard
in a small claims court as set forth in Section 15, any claims arising out of or relating to this Agreement
(including any challenges to the class action waiver provision in Subsection 15b), our Services, or your
relationship with [Goaty.ai](http://goaty.ai/) that for whatever reason are not required to be arbitrated or
filed in small claims court, will be litigated exclusively in the federal or state courts located in Dallas
County, Texas, U.S.A. You and [Goaty.ai](http://goaty.ai/) consent to the exercise of personal jurisdiction of
courts in the State of Texas and waive any claim that such courts constitute an inconvenient forum.
1. **INDEMNITY BY YOU**
You agree to indemnify [Goaty.ai](http://goaty.ai/) if a claim is made against [Goaty.ai](http://goaty.ai/)
due to your actions.
You agree, to the extent permitted under applicable law, to indemnify, defend, and hold harmless
[Goaty.ai](http://goaty.ai/), our affiliates, and their and our respective officers, directors, agents, and
employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities, and
expenses, including attorney's fees, due to, arising out of, or relating in any way to your access to or use
of our Services, Your Content, your conduct toward other users, or your breach of this Agreement. SOME
JURISDICTIONS DO NOT ALLOW INDEMNIFICATION, SO SOME OR ALL OF THIS SECTION MAY NOT APPLY TO YOU.
1. **ACCEPTANCE OF TERMS**
By using our Services, you accept the Terms of this Agreement.
By using our Services, whether through a mobile device, mobile application, or computer, you agree to be bound
by (i) these Terms, which we may amend from time to time, (ii) our Privacy Policy, Cookie Policy, Community
Guidelines, and Safety Tips (iii) any Additional Terms Upon Purchase. If you do not accept and agree to be
bound by all of the terms of this Agreement, you are not entitled to use our Services.
All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular
or plural as the identity of the entities or persons referred to any require.
1. **ENTIRE AGREEMENT**
This Agreement supersedes any previous agreements or representations.
These Terms, with the Privacy Policy, Cookie Policy, Community Guidelines, and Safety Tips, and any Additional
Terms Upon Purchase, contain the entire agreement between you and [Goaty.ai](http://goaty.ai/) regarding the
use of our Services. The Terms supersede all previous agreements, representations, and arrangements between
us, written or oral. If any provision of these Terms is held invalid, illegal, or otherwise unenforceable, the
remainder of the Terms shall continue in full force and effect. The failure of the Company to exercise or
enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You
agree that your [Goaty.ai](http://goaty.ai/) account is non-transferable and all of your rights to your
account and its content terminate upon your death, unless otherwise provided by law. Any rights and licenses
granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
No agency, partnership, joint venture, fiduciary, or other special relationship or employment is created as a
result of these Terms, and you may not make any representations on behalf of or bind
[Goaty.ai](http://goaty.ai/) in any manner.