Terms of Use

This Terms of Use governs access to and use of www.www.gomage.com (hereinafter referred to as “Website”) by you, and services available through the Website (hereinafter referred to as “Services”) This website is provided by GoMage, Inc. (hereinafter referred to as “Owner, “we”, or “us”), located at 100 Congress Avenue, Suite 2000 – #4555, Austin, TX 78701. The term “Owner”, “we” or “us” includes the Owner’s officers, directors, managers, employees, equity owners, and consultants.

By filling out a registration form and selecting the “i accept” checkbox during the account registration process or by using our website you agreeing that you have read and agree to fully comply with and be fully bound by these terms of use and website privacy policy. Owner reserves right to change these terms of use any time and you are solely responsible for timely checking our terms, unless you created an account on our website, in which case we will notify you about changes. You assert that you are either of legal age (18 years old), or an emancipated minor, or possess legal consent of your parent or guardian, and you are have the power and competency to enter into and to comply with these terms of use.

If you are accepting these Terms of Use on behalf of a legal entity (as an agent or employee), you represent and warrant that you are entitled and have full authority to bind the respective legal entity under these Terms of Use. When visiting the Website, you agree not to repost, transfer or receive any materials for which you have not been licensed to use, repost or transmit. Failure to comply could entail legislative infringement in the United States of America or any other country including international provisions for copyright infringement.

Using Website, Software, and Services

You may be required to create an account with our Website in order to purchase the software available through www.www.gomage.com. You agree that all information provided is authentic, true, accurate, and up-to-date. You agree to (1) keep confidential your logins and passwords and (2) take responsibility for all disclosures you make. You agree that you are responsible to protect the privacy of your password and other confidential information you want to remain private.

All the Software and Services we may offer from time to time are available under the conditions set forth in the License Agreement.

You agree to refrain from and will not take part in any impending or infringing activity directed toward the Website or any of its related servers or networks.

You agree to not reproduce, duplicate, copy, sell, exchange, rent, sublicense, or resell the Services or materials available through the Website related hereto regardless of the purpose, unless you have specifically been granted permission from the Owner with a separate written agreement.

You grant us permission to contact you using the available contact information provided by you upon registration of your account, and for any matters relating to the software or Services, as well as periodically sending you newsletters. You hereby agree that these newsletters do not constitute “unsolicited commercial email advertisements”. After we receive your prior consent, we may inform you through email about news, promotions, special offers and or other topics of interest related to our Website, Services and software. You may choose to stop receiving these promotional emails at any time by following the instructions contained in those promotional emails.@!™¡

You grant us permission to contact you using the available contact information provided by you upon registration of your account, and for any matters relating to the software or Services, as well as periodically sending you newsletters. You hereby agree that these newsletters do not constitute “unsolicited commercial email advertisements”. After we receive your prior consent, we may inform you through email about news, promotions, special offers and or other topics of interest related to our Website, Services and software. You may choose to stop receiving these promotional emails at any time by following the instructions contained in those promotional emails.

YOU AGREE THAT OWNER IS NOT RESPONSIBLE FOR ANY INCONSISTENCY WITH YOUR ACCOUNT INFORMATION NOR ACCOUNTABLE FOR ANY UNLAWFUL ACCESS TO YOUR ACCOUNT.

If you become aware that someone has unlawfully utilized your account through unauthorized use of password or log in information, you agree to notify the Owner immediately.

We respect your confidentiality and protect the information you provide to us. Please read our Privacy Policy for more information on how we protect your information: https://www.gomage.com/privacy-policy/.

All software used by the Owner to perform the Services is proprietary to us or to third parties, and except as may be required to use the Services in accordance with these Terms of Use, any use, copying, redistribution, sale, decompilation, reverse engineering, disassembly, translation or reduction of such software to human-readable form is prohibited and constitutes a violation of law.

The Website may contain inaccuracies and typographical errors, including but not limited to errors relating to pricing or the availability of certain products or Services offered by the Owner. You agree that the Owner is not responsible or liable for any such inaccuracies, errors or omissions, and you agree to hold the Owner harmless from such claims. The Owner reserves the right to make changes, corrections, cancellations and/or improvements to any information appearing on the Website, and to the products and Services described in such information, at any time without notice.

Intellectual Property

All rights, copyrights, patents, trade secrets, trade dress, know-how, technical information, inventions, discoveries, improvements, ideas, concepts, discoveries, texts, images and other proprietary rights, and any derivative works thereof (including improvements) embodied in the Website belong solely to the Owner and its licensors.

The “GOMAGE” logo and brand are registered trademarks belonging to the Owner and protected by law. You agree not to use the Owner’s trademarks without permission.

Both you and Owner shall retain its intellectual property rights not specifically granted by these Terms of Use and License Agreement.

Claims of copyright or other intellectual property infringement should be sent to GoMage, Inc.’s Copyright Agent by mail or email as follows:
By Mail: GoMage, Inc. – 100 Congress Avenue, Suite 2000 – #4555, Austin, TX 78701
Monday – Friday
3:00 a.m. – 12:00 p.m. Eastern Standard Time (EST)
(P) 646-878-6537
By Email: [email protected]

The Owner does not make any claims to the intellectual property rights in relation to any third parties’ intellectual property (e.g., logos, trade names, and registered trademarks). Any third party trademarks displayed on the Website are provided for informational purposes only and do not imply any affiliation of the Owner with the proprietors of those trademarks.

Upon uploading of any content to our Website you hereby grant the Owner non-exclusive, limited, non-revocable, sublicensable, transferable right and license to use, analyze and distribute through the Website the content you are uploading thereto.

Guarantee Release and Responsibility Restriction

All the information contained on our Website is provided as is. You agree that all material or Software obtained by you through the www.www.gomage.com Website is at your own responsibility and risk and you agree to hold us harmless from all liability and damages of whatever kind or nature.

Owner does not assume responsibility for any loss, moral damage or profit loss incurred by you, or for information saved or in any way connected to the use of the Website, even when prior notification is sent by you or a third party to us.

For avoidance of doubts, all explicit warranties and guarantees you may claim regarding our Services shall be given in separate written agreement between you and the Owner for them to be enforceable.

The Owner makes no representations or warranties of any kind regarding the Software or Services, and the Owner EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE; THAT THE WEBSITE CONTENT WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR, AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OR OTHER EXPLOITATION OF THE WEBSITE OR THE WEBSITE’S CONTENT, AND AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE WEBSITE OR ITS CONTENT. No advice or information, whether oral or written, obtained by you from the Owner, or through the website or its Content will create any warranty not expressly stated herein.

UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM THE OWNER ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THE WEBSITE OR ITS CONTENT, EVEN IF THE OWNER HAS BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY FOR ANY AND ALL DAMAGES INCURRED BY YOU SHALL BE THE LESSER OF $1,000 OR THE AMOUNT PAID BY YOU TO THE OWNER FOR THE USE OF ITS SOFTWARE OR SERVICES, BUT NOT THE COSTS PAID TO THIRD PARTIES.

Technical Steps to Conclude Sales Contract

If you would like to purchase software or services (hereinafter, collectively referred to as “Products”) through the Website, you need to add the selected Products to the online shopping cart. To do this (1) visit selected Product webpage, (2) choose preferred features of the Products, and (3) click on the “Add to Cart” button. Then click on the “shopping cart” icon located at the top right corner of the Website and click on the “Checkout” button. After checkout you need to login to your account or create a new account and submit your billing and delivery information. The required billing and delivery information includes: (1) your first and last name; (2) your email address; and (3) a password. Afterwards, you need to (1) choose a payment method and submit payment information, and (2) click on the button “Pay” and pay the price of the selected Products by using one of the Third Party Payment Processors mentioned in Section 6.

After your order is placed and the payment is executed, we will send you a confirmatory email informing you about your order.

By clicking on the button “Pay” and receiving a confirmatory email, you conclude a sales contract in English between you and the Owner based on the version of these Terms of Use applicable on the order date. After receiving your payment, we will deliver the Products ordered by you.

You will be able to identify and correct any input errors prior to clicking on the “Pay” button. To correct your error please click on the “shopping cart” icon. If you would like to change or correct any input errors in the billing address, the shipping address, and the billing option, please (1) go to the checkout page on the Website and (2) correct the sections in which you would like to make changes.

The details of your specific contract will not be delivered by us and, therefore, the specific text of contract will not be available to you. If you do require any information regarding your order, please contact us.

Prices

All prices of Products (hereinafter, referred to as the “Prices”) displayed on the Website are in USD, which is the main currency used on the Website. The Prices do not include VAT, added to the Price on the checkout page.

If any delivery costs apply to the Products, such costs will be indicated after you add the Products to your shopping cart. No other additional charges will be applied by the Owner without your express agreement.

The Prices remain valid, unless modified by the Owner. In any case, changes shall not be retrospective and shall not apply to the previous purchases.

The Owner reserves the right, at any time, to modify the Prices without a prior notice.

Payment

All payments are handled by our third party payment processors: (1) Stripe Payments Europe, Ltd. having a principal place of business C/O A&L Goodbody, Ifsc, North Wall Quay, Dublin 1; and (2) PayPal Holdings, Inc., Corporate Headquarters, 2211 North First Street, San Jose, California, U.S. (collectively referred to as “Third Party Payment Processors”).

The Third Party Payment Processors may collect from you payment information, which will allow them to make the payments requested by you. Please note that we neither store nor process your credit/debit card information. The Third Party Payment Processors handle all the steps in the payment process on their websites, including data collection and data processing.

Owner shall not be liable for incorrect payments quoted due to your mistake. In order to execute the payment successfully, please submit carefully and accurately the payment information required by the Third Party Payment Processors.

You agree that the Owner will not be liable if the Third Party Payment Processors decline or refuse your payment processing.

You are able to request a refund under the terms described in our Refund Policy.

Right of Withdrawal

If you are an EU or UK consumer (i.e., a natural person domiciled in European Union or United Kingdom who is acting for purposes which are outside his trade, business, craft or profession), you have the right to withdraw from the sales contract within 14 calendar days without giving any reason. The withdrawal period will expire after 14 calendar days from the day on which the provision of the Products starts.

To exercise the right of withdrawal, you must inform the Owner of your decision to withdraw from the sales contract by an unequivocal statement (e.g., a letter sent by post or e-mail). To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. You can use the following contact details to exercise your rights of withdrawal: Address: GoMage, Inc., 100 Congress Avenue, Suite 2000 – #4555, Austin, TX 78701 Email: [email protected]

Effects of withdrawal. If you withdraw from the sales contract, the Owner will reimburse to you all payments received from you without undue delay and in any event not later than 14 calendar days from the day on which the Owner is informed about your decision to withdraw from the sales contract. The Owner will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. If you requested the supply of the Products (i.e., software or Services) during the cancellation period, you shall pay us an amount, which is in proportion to what has been performed until you have communicated to us your cancellation from the sales contract, in comparison with the full coverage of the sales contract.

Taxation

The Owner does not provide any tax advice and you agree that you will seek advice from your own accounting or tax advisors.

Termination of Sales Contract

Sales Contract can be terminated by you or the Owner as specified below:

• If you wish to terminate the agreement with the Owner, you may do so by sending written notification to the Owner at the address provided above or email us at [email protected].
• Should you fail to follow the terms and conditions and this Terms of Use, the Owner reserves the right to terminate the Agreement immediately. You will be notified via email should the Owner exercise this right.
• The Owner, in its sole discretion, has the right to cancel or terminate any Services provided or offered on the Website at any time and without prior notification.

All rights, obligations and responsibilities gained by you will not be affected by termination.

Miscellaneous

Neither you nor Owner is responsible for failure to fulfill any obligations due to causes beyond its control.

Failure by Owner to enforce any rights hereunder shall not be construed as a waiver of any rights with respect to the subject matter hereof.

You agree that Owner, in its sole discretion, may change these Terms of Use from time to time by sending notification via email or other means.

If any provision of this Terms of Use is held unenforceable by the court, then Owner will modify such provision to reflect the previous covenants. All remaining conditions of these Terms of Use will remain in full force and effect.

Dispute resolution. Each party will allow the other reasonable opportunity to comply before it claims that the other has not met its obligations under these Terms of Use. The parties will attempt in good faith to resolve all disputes, disagreements, or claims between the parties relating to these Terms of Use.

Governing law; Place of jurisdiction. Any cause of action, claim and/or dispute that might arise between the parties hereunder, shall be subject to the laws of Texas, without regard to conflict of law principles and provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Non-exclusive jurisdiction and venue for actions related to this Agreement or Licensee’s use of the Software will be the courts located in Austin, Texas.