These Terms of Service ("Terms") apply to your access to and use of the websites, mobile applications (iOS and Android), and other products and services, including email services, SMS/text messaging services, trainings, events, marketing services, review and message boards, and various other message communication applications (collectively, our "Services") provided by Goodbye Tension ("Goodbye Tension", "we", or "us").
By clicking to indicate your acceptance of these Terms, creating an account, or otherwise accessing or using the Services, you agree to these Terms and to use our Services in accordance with our Acceptable Use Policy, which is incorporated by reference into these Terms.
If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 25, do not access or use our Services.
In addition to these Terms, we may ask you to accept additional terms that apply to specific features, products or services. To the extent any additional terms conflict with these Terms, the additional terms govern with respect to your access to or use of the applicable feature, product or service.
TABLE OF CONTENTS
1. Eligibility and Authority
2. Accounts and Account Security
3. Electronic Communications
4. Privacy
5. Our Services and License
6. SMS/Text Messaging Terms
7. Mobile Application Terms
8. AI and Machine Learning Usage
9. Prohibited Conduct
10. Terms of Sale
11. Refund Policy
12. Limited License; Copyright and Trademark
13. Third Party Content and Services
14. Feedback
15. Publicity
16. Copyright Complaints
17. Data Processing and International Transfers
18. Indemnification
19. Disclaimers
20. Limitation of Liability
21. Release
22. Export Control and Compliance
23. Service Level and Availability
24. Government Use
25. Dispute Resolution and Binding Arbitration
26. Governing Law and Venue
27. Changes to These Terms
28. Termination and Account Closure
29. Content Retention and Export
30. Accessibility
31. Force Majeure
32. Severability
33. Contact Information
34. Miscellaneous
1. ELIGIBILITY AND AUTHORITY
You must be at least 18 years of age or older to access or use our Services. Our Services are not intended for children under 18, and we do not knowingly collect information from children under 13 years of age in compliance with the Children's Online Privacy Protection Act (COPPA).
If you are accessing or using our Services on behalf of another person or entity (such as a business or organization), you represent and warrant that:
You are authorized to accept these Terms on that person or entity's behalf
The person or entity agrees to be responsible to us if you or they violate these Terms
You have the legal authority to bind that person or entity to these Terms
If you provide false information about your age or authority, we reserve the right to immediately terminate your account.
2. ACCOUNTS AND ACCOUNT SECURITY
You will need to register for an account to access some or all of our Services.
Account Registration: When you register for an account, you must:
Provide accurate, current, and complete account information
Promptly update this information if it changes
Maintain only one account per person or entity unless expressly authorized by us
Not register for an account if we have previously terminated or suspended your account
Account Security: You are responsible for:
Maintaining the security and confidentiality of your account credentials
All activities that occur under your account
Not sharing your account credentials with others
Immediately notifying us if you discover or suspect unauthorized access to your account
We reserve the right to suspend or terminate accounts that violate these security requirements or appear to be compromised.
3. ELECTRONIC COMMUNICATIONS
By creating an account with Goodbye Tension, you consent to receive electronic communications from us, including:
Emails to the email address associated with your account
SMS/text messages to the phone number you provide (if you opt in)
In-app notifications and messages
Notices posted on our Services or through other electronic means
These electronic communications may include:
Account-related notices (payment authorizations, password changes, security alerts)
Transactional information (order confirmations, receipts, service updates)
Service announcements and updates to these Terms
Marketing and promotional communications (which you can opt out of)
You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
To ensure you receive our communications, you must:
Keep your contact information current
Configure your email and device settings to accept messages from us
Check your spam/junk folders regularly
You may opt out of marketing communications by following the unsubscribe instructions in those communications or by adjusting your account settings. However, you cannot opt out of receiving transactional or service-related communications.
4. PRIVACY
Please refer to our Privacy Policy for information about how we collect, use, and disclose information about you. By using our Services, you acknowledge that you have read and understood our Privacy Policy.
5. OUR SERVICES AND LICENSE
5.1 Marketing Content
Our Services may allow you and other users to create, post, store and share marketing, communications, or other content, including email, text or SMS messages, photos, videos, software and other materials, and review or message boards (collectively, "Marketing Content").
Your Rights: Except for the license you grant below, you retain all rights in and to your Marketing Content, as between you and Goodbye Tension.
License to Us: You grant Goodbye Tension a nonexclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to use, reproduce, adapt, publish, translate, distribute, and display your Marketing Content:
To the recipients or audience designated by you
In accordance with the settings you specify in the Services
To provide, maintain, and improve our Services
To detect and prevent fraud, abuse, or technical issues
Restrictions: You may not create, post, store or share any Marketing Content that:
Violates these Terms, including our Acceptable Use Policy
Infringes on any third party's intellectual property, privacy, or other rights
Contains malware, viruses, or harmful code
Is unlawful, fraudulent, or deceptive
You do not have all necessary rights to grant us the license described above
5.2 Contact Data
When using the Services, you may import data, including personally identifiable information, regarding your customers, business contacts, or followers who consent to receiving marketing messages from you ("Contacts"). This data is referred to as "Contact Data."
How We Use Contact Data:
We view and use Contact Data only to provide Services to you, at your direction
We may use Contact Data to train, improve, and ensure proper functioning of our Services (see Section 8 for AI usage details)
We do not sell or share Contact Data with third parties for their marketing purposes
How We May Disclose Contact Data:
To our third-party service providers who help us provide our Services (subject to confidentiality obligations)
As part of a business sale, merger, or acquisition
To comply with legal obligations, court orders, or law enforcement requests
To investigate, prevent, or take action regarding fraud, illegal activities, or violations of these Terms
With your consent
Global Exclusion List: We may receive requests directly from individuals (including your Contacts) not to receive emails from our Services. To comply with international data protection laws and respect their requests, we place those individuals on a communications exclusion list ("Global Exclusion List"). If a requesting individual is a Contact in your database, we will use commercially reasonable efforts to notify you before placing that Contact on our list.
6. SMS/TEXT MESSAGING TERMS
If you use our Services to send SMS or text messages, or if you opt in to receive text messages from us, the following additional terms apply:
6.1 Your Use of SMS Services
Consent Requirements: When using our SMS Services to send messages to your Contacts, you represent and warrant that:
You have obtained express written consent from each recipient to receive automated text messages
Your consent collection methods comply with the Telephone Consumer Protection Act (TCPA) and all applicable laws
You maintain records of all consents obtained
You honor all opt-out requests promptly (within 24 hours maximum)
Prohibited SMS Activities: You may not use our SMS Services to:
Send messages to individuals who have not provided express consent
Send spam, unsolicited messages, or illegal content
Violate any carrier guidelines or messaging regulations
Share or sell phone numbers collected through our Services
Send messages at unreasonable hours (generally before 8 AM or after 9 PM recipient's local time)
Your Responsibilities:
You are solely responsible for the content of messages you send
You must include clear opt-out instructions (e.g., "Reply STOP to unsubscribe") in your messages
You must promptly honor all STOP, UNSUBSCRIBE, END, CANCEL, and QUIT requests
You must comply with all applicable laws, including TCPA, CAN-SPAM Act, and state regulations
Consequences of Violations: Violation of these SMS terms may result in:
Immediate suspension or termination of your SMS Services
Termination of your entire account
Reporting to relevant regulatory authorities
Legal action to enforce these Terms
6.2 Receiving Text Messages from Us
Opt-In and Consent: By providing your mobile phone number and opting in to receive text messages from Goodbye Tension, you expressly consent to receive automated and/or prerecorded marketing, promotional, and transactional text messages from us at the phone number you provided. Consent is not a condition of purchase.
Types of Messages: We may send you:
Marketing promotions and special offers
Transactional messages (order updates, appointment reminders, account alerts)
Two-factor authentication codes
Service updates and announcements
Message Frequency: Message frequency varies based on your account activity and the type of messages. For marketing messages, you may receive up to 4 messages per month.
Message and Data Rates: Message and data rates may apply based on your mobile carrier's plan. Please contact your wireless carrier for details about your messaging plan.
Opt-Out: You may opt out of receiving text messages at any time by:
Replying STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any text message from us
Updating your communication preferences in your account settings
Contacting us using the information in Section 33
After you opt out, you will receive one final confirmation message. Please allow up to 24 hours for your opt-out request to be processed.
Help: For help or support with text messages, reply HELP to any message or contact us using the information in Section 33.
Carrier Disclaimer: Carriers are not liable for delayed or undelivered messages. We are not responsible for delivery failures, network outages, or other issues outside our control. Supported carriers include major U.S. carriers. Contact your carrier to confirm SMS compatibility.
TCPA Compliance: We comply with the Telephone Consumer Protection Act (TCPA) and will only send text messages to phone numbers that have provided express written consent.
7. MOBILE APPLICATION TERMS
If you access our Services through our mobile applications (iOS and Android), the following additional terms apply:
7.1 License to Use Mobile App
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use our mobile application on a device that you own or control solely for your personal or business use in accordance with these Terms.
7.2 Mobile App Restrictions
You may not:
Copy, modify, or create derivative works of the mobile app
Reverse engineer, decompile, or disassemble the mobile app
Rent, lease, loan, resell, or distribute the mobile app
Remove or alter any proprietary notices on the mobile app
Use the mobile app in any manner that violates applicable laws
7.3 App Store Terms
Your use of our mobile app may also be subject to the terms and conditions of the app store from which you downloaded it (e.g., Apple App Store, Google Play Store). In the event of a conflict between these Terms and the app store terms, these Terms shall prevail with respect to your use of our Services, but the app store terms shall prevail with respect to your use of the app store itself.
7.4 Updates and Modifications
We may from time to time develop and provide updates to the mobile app, which may include upgrades, bug fixes, patches, and other error corrections and/or new features (collectively, "Updates"). Updates may also modify or delete features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.
Automatic Updates: You consent to automatic updates of the mobile app on your device. You may be able to manage updates through your device settings, but disabling updates may prevent you from using the app or certain features.
7.5 Device Permissions
Our mobile app may request access to certain features or data on your device, including:
Camera (for uploading photos or scanning)
Photo library (for selecting and uploading images)
Contacts (for importing contact information with your permission)
Location (for location-based features, if applicable)
Notifications (for push notifications)
Storage (for saving data locally)
You can control these permissions through your device settings. Denying certain permissions may limit functionality of the app.
7.6 Push Notifications
If you opt in to receive push notifications from our mobile app, we may send you alerts, updates, and other messages. You can manage push notification preferences through your device settings or the app settings.
7.7 Offline Functionality
Some features of our mobile app may be available offline. Data created or modified offline will be synced when you reconnect to the internet. We are not responsible for data loss that may occur due to sync failures or conflicts.
7.8 Mobile App Termination
We reserve the right to modify, suspend, or discontinue the mobile app (or any features or functionality thereof) at any time with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the mobile app.
7.9 App Store Specific Terms
For iOS App (Apple App Store):
These Terms are between you and Goodbye Tension, not Apple
Apple has no obligation to provide maintenance or support for the app
In the event of any failure of the app to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the app to you. To the maximum extent permitted by law, Apple will have no other warranty obligation with respect to the app
Apple is not responsible for addressing any claims you have or any claims of any third party relating to the app
Apple and Apple's subsidiaries are third-party beneficiaries of these Terms with respect to the iOS app, and upon your acceptance of these Terms, Apple will have the right to enforce these Terms against you
For Android App (Google Play Store):
These Terms are between you and Goodbye Tension, not Google
Google has no obligation to provide maintenance or support for the app
Google is not responsible for any claims relating to the app or your use of the app
8. AI AND MACHINE LEARNING USAGE
We use artificial intelligence (AI) and machine learning technologies to enhance our Services, including for chat support, workflow automations, content optimization, and service improvements.
8.1 How We Use AI
AI-Powered Features: Our Services may include AI-powered features such as:
Automated chat support and customer service responses
Content suggestions and optimization recommendations
Workflow automation and task processing
Predictive analytics and performance insights
Spam and abuse detection
Data analysis and reporting
Training and Improvement: We may use your Marketing Content and usage data to:
Train and improve our AI models and features
Detect and resolve technical issues
Enhance the functionality and effectiveness of our Services
Develop new AI-powered features
Important Limitations:
We do NOT use your Personal Information or Contact Data to train generalized third-party AI models
We do NOT sell or share your data with third parties for their AI training purposes
For data accessed via third-party APIs (including Google Workspace APIs), we comply with their respective data use policies, including Limited Use requirements
8.2 AI Accuracy and Reliability
No Guarantee of Accuracy: AI-generated content, suggestions, and outputs may not always be accurate, complete, or reliable. You acknowledge and agree that:
AI outputs should be reviewed and verified before use
We make no warranties about the accuracy or quality of AI-generated content
You are solely responsible for reviewing and approving any AI-generated content before sending it to your Contacts or using it in your business
AI features are provided on an "as is" basis
Human Oversight Required: You agree to exercise appropriate human oversight and judgment when using AI-powered features, especially for:
Communications sent to Contacts
Business decisions based on AI recommendations
Content published or distributed publicly
Any use case where accuracy is critical
8.3 Your Responsibilities
When using AI-powered features, you are responsible for:
Ensuring AI-generated content complies with all applicable laws and regulations
Reviewing AI outputs for accuracy, appropriateness, and compliance
Not relying solely on AI for critical business decisions without human review
Ensuring that AI-generated communications to Contacts are truthful and not misleading
8.4 Opt-Out Options
If you do not want your Marketing Content used to improve our AI features, please contact us at the address in Section 33. Note that opting out may limit functionality of certain features.
9. PROHIBITED CONDUCT
9.1 Prohibited Activities on the Services
You will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Services.
When you access or use our Services, you will not:
Engage in any harassing, threatening, intimidating, predatory or stalking conduct
Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity
Use or attempt to use another user's account without authorization
Access the Services by any means other than through standard industry-accepted or our approved application program interfaces
Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services
Damage, disable, overburden or impair the functioning of our Services
Delete or revise any material posted by another person or entity
Delete or modify any author attributions, legal notices or proprietary designations
Register, subscribe, or unsubscribe any party without express authorization
Reverse engineer any aspect of our Services or discover source code
Bypass or circumvent measures employed to prevent or limit access to any part of our Services
Develop any third-party applications that interact with our Services without our prior written consent
Bypass or ignore instructions in our robots.txt file
Use our Services for any illegal or unauthorized purpose
Violate any applicable laws, including but not limited to spam laws, privacy laws, export control laws, tax laws, or gambling laws
9.2 Compliance with Laws
General Compliance: You represent and warrant that your access to and use of the Services will comply with all applicable laws, rules and regulations, including:
Privacy and data protection laws (GDPR, CCPA, etc.)
Electronic communications laws (CAN-SPAM, TCPA, etc.)
Export control and sanctions laws
Consumer protection laws
Intellectual property laws
Anti-spam and anti-fraud laws
Marketing Compliance: You represent and warrant that:
You have a lawful basis for processing and sending Marketing Content to your Contacts
You have obtained all necessary consents and permissions from your Contacts
You comply with all applicable notice and consent requirements
You maintain records of consents obtained
You honor opt-out requests promptly
You are solely responsible for ensuring that our Services are suitable for your specific use case, industry, and legal requirements.
9.3 Service Suspension
We may suspend or restrict your access to the Services if we suspect that:
Your Marketing Content includes spam or duplicative/unsolicited messages
You are violating these Terms or applicable laws
Your account has been compromised
Your use of the Services poses a security risk
You are engaging in fraudulent or illegal activity
9.4 Reporting Abuse
If you believe anyone is violating these Terms, please report it to us immediately at the contact information in Section 33.
10. TERMS OF SALE
10.1 Subscriptions
Subscription Agreement: When you sign up for our Services, you agree to a recurring subscription contract with Goodbye Tension on a monthly, quarterly, annual, or other temporal basis that you select when signing up.
AUTO-RENEWAL TERMS - IMPORTANT:
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
(A) Goodbye Tension (OR OUR THIRD PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU ON A RECURRING BASIS (MONTHLY, QUARTERLY, ANNUALLY, OR AS OTHERWISE APPLICABLE) FOR YOUR SUBSCRIPTION, INCLUDING ANY APPLICABLE TAXES AND OTHER CHARGES, FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES
(B) YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO THE SERVICES IN ACCORDANCE WITH THESE TERMS
(C) YOU HAVE THE RIGHT TO CANCEL YOUR SUBSCRIPTION AT ANY TIME AS DESCRIBED IN SECTION 10.2 BELOW
(D) BY AGREEING TO THESE TERMS AND SIGNING UP FOR A SUBSCRIPTION, YOU ACCEPT THE AUTO-RENEWAL FEATURE, AND YOU AUTHORIZE US TO AUTOMATICALLY CHARGE YOUR PAYMENT METHOD EACH BILLING PERIOD UNTIL YOU CANCEL
Pre-Purchase Disclosure: Before your initial purchase, we will disclose:
The subscription price
The billing frequency (monthly, annual, etc.)
That your subscription will automatically renew
How to cancel your subscription
Our refund policy (see Section 11)
Renewal Reminders: We will send you a reminder before each renewal that includes:
The renewal date
The amount that will be charged
Instructions for canceling if you wish to avoid renewal
Pricing: For current pricing and subscription plans, please contact us
10.2 Cancellation
How to Cancel: You may cancel your subscription at any time by:
Logging into your account and following the cancellation instructions on your account dashboard, OR
Contacting us at the email or address in Section 33
Who Can Cancel: Cancellation notice must be sent by:
The designated account owner, OR
An authorized signatory for the account
Important Note: Inactivity does not constitute automatic cancellation. Unless you actively cancel your account as described above, you will continue to be charged for your subscription.
Effective Date of Cancellation: All cancellation requests will take effect at the end of your then-current subscription period. You will continue to have access to the Services through the end of that period, and you remain responsible for all fees and charges incurred through the cancellation date.
No Partial Refunds: Except as provided in our Refund Policy (Section 11), fees paid are non-refundable, and we do not provide refunds or credits for partial subscription periods.
Post-Cancellation Marketing: After you cancel your subscription, we may still send you promotional communications about Goodbye Tension, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein.
Pause Option: If you are interested in cancelling your subscription, we may provide you with the option of pausing your subscription for a certain period of time. During the pause period:
Your account will remain active in our system
We will retain the data, including Contact Data, associated with your account
The collection, use and disclosure of such data will continue to be subject to our Privacy Policy
You will not be charged during the pause period (unless otherwise specified)
You may resume or cancel your subscription at any time during the pause period
10.3 One-Time Purchases
Some features of our Services, such as templates, credits, or add-ons, may be offered as standalone, non-subscription products. We will charge your payment method at the time of such purchases as a one-time purchase. One-time purchases are generally non-refundable except as provided in Section 11.
10.4 Free Trials
Trial Offers: From time to time, to the extent legally permitted, we may offer free trials of certain subscriptions for a specified period of time without payment. If we offer you a free trial, the specific terms of your free trial will be provided in the marketing materials describing the trial or at registration.
Trial Terms:
You may be required to provide payment information to start a free trial
Unless you cancel before the trial ends, your subscription will automatically convert to a paid subscription and your payment method will be charged
We will notify you before charging your payment method at the end of the trial period
You may cancel during the trial period to avoid charges
Modifications: We reserve the right to modify or terminate free trial offers at any time, without notice and in our sole discretion.
Eligibility: Free trials may be limited to one per customer, per product, or subject to other eligibility requirements. We reserve the right to verify eligibility and deny free trials if we suspect fraud or abuse.
10.5 Payment and Billing Information
Payment Authorization: By providing a credit card or other payment method that we accept, you represent and warrant that:
You are authorized to use the designated payment method
The information you provide is accurate and complete
You authorize us (or our third-party payment processor) to charge your payment method for the total amount of your subscription fees, one-time purchases, and applicable taxes and other charges
Payment Processing: We use third-party payment processors (including Stripe) to process payments. Your payment information will be subject to the payment processor's terms and privacy policy.
Failed Payments: If your payment method cannot be verified, is invalid, or is otherwise not acceptable:
Your account may be suspended until payment is processed
We may retry the charge multiple times
We may charge a failed payment fee where permitted by law
You must resolve any payment problem to continue using the Services
Variable Billing Amounts: You acknowledge that the amount billed may vary due to:
Promotional offers or discounts
Changes to your subscription plan
Changes in applicable taxes or other charges
Addition of features or services
You authorize us (or our third-party payment processor) to charge your payment method for the corresponding amounts.
Update Payment Information: You are responsible for keeping your payment information current. You can update your payment method in your account settings.
Brazil-Specific Terms: If you are in Brazil, the following applies: In order to enable remittance of funds for the payment of goods, products and/or services purchased from merchants abroad, you appoint PPRO Brasil Ltda. as your attorney-in-fact to, on your behalf, sign foreign exchange agreements and other agreements that may be necessary to effect the respective remittance of funds, including the power to negotiate terms, rates, renegotiate fees, or even in whole or in part supersede the mandate granted.
11. REFUND POLICY
11.1 Subscription Refunds
General Policy: Subscription fees are generally non-refundable. However, we may provide refunds in the following circumstances:
Cancellation Within 30 Days of Initial Purchase:
If you cancel within 30 days of your initial subscription purchase and have not materially used the Services, you may be eligible for a full refund
"Material use" includes sending marketing campaigns, using significant features, or accessing substantial Contact Data
To request a refund, contact us within 30 days at the address in Section 33
Service Issues:
If you experience a significant service outage or technical issue that prevents you from using the Services, and we are unable to resolve it within a reasonable time, you may be eligible for a prorated refund
You must report the issue to us promptly and allow us a reasonable opportunity to fix it
Billing Errors:
If you were incorrectly charged due to a billing error, we will refund the incorrect amount
Discretionary Refunds:
We may, in our sole discretion, provide refunds on a case-by-case basis for other circumstances
11.2 One-Time Purchase Refunds
One-time purchases (such as templates, credits, or add-ons) are generally non-refundable. However:
If you experience a technical issue that prevents you from accessing or using the purchased item, and we cannot resolve it, we may provide a refund
Refund requests must be made within 14 days of purchase
11.3 Refund Process
To request a refund:
Contact us at the address in Section 33 within the applicable time period
Provide your account information and reason for the refund request
We will review your request and respond within 10 business days
If approved, refunds will be processed to your original payment method within 10 business days
11.4 No Partial Period Refunds
Unless otherwise stated in this Section 11, we do not provide refunds or credits for partial subscription periods. If you cancel mid-cycle, you will not receive a refund for the remainder of that billing period, but you will retain access through the end of the period.
11.5 Chargebacks
If you initiate a chargeback or payment dispute with your payment provider:
Your account may be immediately suspended or terminated
We may charge a chargeback processing fee where permitted by law
You agree to work with us directly before initiating a chargeback
12. LIMITED LICENSE; COPYRIGHT AND TRADEMARK
12.1 Ownership
Our Services and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein (collectively, the "Goodbye Tension Content") are owned by or licensed to Goodbye Tension and are protected under both United States and foreign laws, including copyright, trademark, patent, and trade secret laws.
Except as explicitly stated in these Terms, Goodbye Tension and our licensors reserve all rights in and to our Services and the Goodbye Tension Content.
12.2 License to You
Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services and Goodbye Tension Content solely for:
Your own personal use, OR
If you are a business or organization, to communicate about your business or organization with your Contacts
12.3 License Restrictions
This license does not include any right to:
Sell, resell or commercially use our Services or Goodbye Tension Content
Copy, reproduce, distribute, publicly perform or publicly display Goodbye Tension Content, except as expressly permitted by us
Modify the Goodbye Tension Content, remove any proprietary rights notices or markings, or create derivative works
Use any data mining, robots or similar data gathering or extraction methods
Frame or mirror any part of our Services without our express written permission
Use our Services or Goodbye Tension Content other than for their intended purposes
Any use of our Services or Goodbye Tension Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.
13. THIRD PARTY CONTENT AND SERVICES
13.1 Third Party Content
We may display content, advertisements and promotions from third parties through the Services ("Third Party Content"). We do not control, endorse or adopt any Third Party Content, and we make no representations or warranties of any kind regarding such Third Party Content, including regarding its accuracy or completeness.
You acknowledge and agree that:
Your interactions with third parties providing Third Party Content are solely between you and such third parties
We are not responsible for any loss or damage resulting from such interactions
You should review the third party's terms and privacy policy before interacting with them
13.2 Third Party Services and Integrations
We may provide you with access to certain services, features or functionality offered by third parties in connection with our Services (such as payment processors, email delivery services, social media platforms, or other integrations).
Separate Terms Apply: Use of any third-party services, features or functionality will be subject to:
Separate terms of service between you and such third party (not these Terms)
The third party's privacy policy and data practices
Any additional Third Party Terms we provide to you
Third Party Responsibility: The third party provider, and not Goodbye Tension, will be solely responsible for:
Providing and supporting such services, features or functionality
Any issues, errors, or problems with their services
Their data practices and security measures
Examples of Third Party Services:
Payment processing (Stripe)
Email delivery services
Social media platforms (YouTube, Facebook, etc.)
Cloud storage providers
Domain registration services
13.3 Domain Registration (Cloudflare)
If you use the Services to purchase a domain name:
We will purchase it on your behalf from Cloudflare, Inc.
Goodbye Tension will be the listed registrant
You must use the domain name in compliance with these Terms and Cloudflare's: Domain Registration Agreement Self-Service Subscription Agreement Privacy Policy Registrant Rights and Responsibilities
Domain Transfer: If you request in writing, we will transfer the domain name to you. A transfer fee may apply.
Your Responsibilities: You agree to indemnify and hold us harmless from any claim or demand, including reasonable attorneys' fees, arising from your use of such domain, including any breach of these Terms, Cloudflare's terms, and/or any violations of applicable laws.
13.4 Social Media and API Integrations
YouTube/Google Services: If you connect your YouTube account or use Google APIs through our Services:
You acknowledge that Google's Privacy Policy (https://policies.google.com/privacy) applies
You can revoke our access via the Google security settings page (https://myaccount.google.com/permissions)
Our use of Google APIs is subject to Google API Services User Data Policy, including Limited Use requirements
Other Social Media: If you connect other social media accounts (Facebook, Instagram, LinkedIn, etc.), those platforms' terms and privacy policies will apply to data shared with and through those platforms.
14. FEEDBACK
Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about Goodbye Tension or our products or Services (collectively, "Feedback") is non-confidential and will become the sole property of Goodbye Tension.
We will own exclusive rights, including all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
By providing Feedback, you:
Grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, reproduce, and distribute the Feedback
Represent that you have the right to provide such Feedback
Waive any moral rights you may have in the Feedback
15. PUBLICITY
You agree to be identified as a customer of Goodbye Tension and grant us permission to:
Refer to you by name, trade name, trademark, logo and other proprietary marks or words
Describe your business in our marketing or publicity materials
Include your information on our website, in case studies, press releases, or other public statements
Display your logo in our customer lists or promotional materials
You hereby grant Goodbye Tension a nonexclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to use your name and any of your trade names, trademarks, logos and other proprietary marks or words pursuant to this Section 15.
Opt-Out: If you do not wish to be identified as a customer or do not want us to use your name or logos, please contact us at the address in Section 33, and we will accommodate your request.
16. COPYRIGHT COMPLAINTS
16.1 Copyright Policy
We respect the intellectual property rights of others and expect our users to do the same. We have a policy of limiting access to our Services and terminating the accounts of users who infringe the intellectual property rights of others.
16.2 DMCA Takedown Notices
If you believe that anything on our Services infringes any copyright that you own or control, you may submit a notice under the Digital Millennium Copyright Act ("DMCA") to our Designated Copyright Agent.
Your DMCA notice must include:
A physical or electronic signature of the copyright owner or person authorized to act on their behalf
Identification of the copyrighted work claimed to have been infringed
Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material (such as a URL)
Your contact information, including your address, telephone number, and email address
A statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner
Send DMCA Notices to:
Goodbye Tension
Attn: Copyright Agent / Legal Department
Email: [email protected]
16.3 Counter-Notices
If you believe that your content was removed in error, you may submit a counter-notice with the following information:
Your physical or electronic signature
Identification of the content that was removed and its location before removal
A statement under penalty of perjury that you have a good faith belief the content was removed by mistake or misidentification
Your name, address, telephone number, and email address
A statement that you consent to jurisdiction of the federal court in [INSERT DISTRICT], and that you will accept service of process from the person who filed the original DMCA notice
16.4 Repeat Infringer Policy
We will terminate the accounts of users who are repeat infringers in appropriate circumstances.
17. DATA PROCESSING AND INTERNATIONAL TRANSFERS
17.1 International Data Transfers
By accessing or using our Services, you acknowledge and consent to:
The processing, transfer and storage of information about you in and to the United States and other countries
The fact that you may not have the same data protection rights in those countries as you do under local law
Our processing of your data in accordance with our Privacy Policy.
17.2 Data Controller vs. Data Processor
For Personal Data You Provide About Yourself:
Goodbye Tension acts as the Data Controller
We determine how and why your personal data is processed
Our Privacy Policy governs this processing
For Contact Data You Upload:
You act as the Data Controller
Goodbye Tension acts as the Data Processor, processing Contact Data on your behalf and at your direction
You are responsible for complying with all applicable data protection laws regarding Contact Data
You must have a lawful basis for processing Contact Data and sharing it with us
17.3 Data Processing Addendum (DPA)
If you are subject to GDPR, UK GDPR, or similar data protection laws and need a Data Processing Addendum, please contact us at the address in Section 33. We will provide you with our standard DPA, which includes:
Standard Contractual Clauses for international data transfers
Details of processing activities
Security measures
Sub-processor information
Data subject rights procedures
17.4 Your Responsibilities as Data Controller
When you upload Contact Data to our Services, you represent and warrant that:
You have obtained all necessary consents and permissions from data subjects
You have a lawful basis for processing under applicable data protection laws
You have provided all required notices to data subjects
You will maintain records of consents and lawful bases
You will respond to data subject requests (access, deletion, portability, etc.) in accordance with applicable law
You will indemnify us for any violations of data protection laws related to your Contact Data
17.5 Sub-Processors
We may use third-party sub-processors to help us provide the Services. A current list of sub-processors is available upon request. We will notify you of any changes to our sub-processors.
17.6 Data Breach Notification
If we become aware of a data breach affecting Contact Data, we will notify you without undue delay as required by applicable law so that you can fulfill your own notification obligations.
18. INDEMNIFICATION
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Goodbye Tension, our parent, subsidiaries and affiliates, and each of our respective officers, directors, agents, partners and employees (individually and collectively, the "Goodbye Tension Parties") from and against any loss, liability, claim, demand, damages, expenses or costs ("Claims") arising out of or related to:
(a) Your access to or use of our Services
(b) Your Marketing Content or Feedback
(c) Your violation of these Terms
(d) Your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights)
(e) Your conduct in connection with our Services
(f) Your violation of any applicable laws or regulations
(g) Your Contact Data and your processing of such data
(h) Any claims by your Contacts or third parties related to your use of our Services
You agree to:
Promptly notify Goodbye Tension Parties of any third party Claims
Cooperate with Goodbye Tension Parties in defending such Claims
Pay all fees, costs and expenses associated with defending such Claims (including reasonable attorneys' fees)
You also agree that the Goodbye Tension Parties will have control of the defense or settlement of any third party Claims.
This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Goodbye Tension or the other Goodbye Tension Parties.
19. DISCLAIMERS
WE DO NOT CONTROL, ENDORSE OR TAKE RESPONSIBILITY FOR ANY MARKETING CONTENT, THIRD-PARTY CONTENT OR THIRD-PARTY SERVICES MADE AVAILABLE ON OR LINKED TO BY OUR SERVICES.
YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
IN ADDITION, Goodbye Tension DOES NOT REPRESENT OR WARRANT THAT:
OUR SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE
OUR SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
ANY DEFECTS OR ERRORS WILL BE CORRECTED
OUR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS
AI-GENERATED CONTENT OR RECOMMENDATIONS WILL BE ACCURATE OR SUITABLE FOR YOUR PURPOSES
YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES.
DATA PROTECTION RESPONSIBILITY: AS BETWEEN YOU AND Goodbye Tension, YOU WILL BE SOLELY RESPONSIBLE FOR:
RESPONDING TO AND HONORING ALL REQUESTS FROM YOUR CONTACTS RELATING TO THEIR PERSONAL DATA
COMPLYING WITH ALL APPLICABLE DATA PROTECTION LAWS
OBTAINING AND MAINTAINING ALL NECESSARY CONSENTS AND PERMISSIONS
PROVIDING ALL REQUIRED NOTICES TO DATA SUBJECTS
WHILE Goodbye Tension ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF OUR SERVICES SAFE, WE CANNOT AND DO NOT GUARANTEE THAT OUR SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
20. LIMITATION OF LIABILITY
Goodbye Tension AND THE OTHER Goodbye Tension PARTIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY—WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, WARRANTY, STRICT LIABILITY OR OTHERWISE—FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES OR LOST PROFITS, EVEN IF Goodbye Tension OR THE OTHER Goodbye Tension PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EXAMPLES OF DAMAGES WE ARE NOT LIABLE FOR INCLUDE:
LOST REVENUE OR PROFITS
LOSS OF DATA OR CONTENT
LOSS OF BUSINESS OPPORTUNITY
DAMAGE TO REPUTATION
COSTS OF SUBSTITUTE SERVICES
CLAIMS BY YOUR CONTACTS OR THIRD PARTIES
MAXIMUM LIABILITY: THE TOTAL LIABILITY OF Goodbye Tension AND THE OTHER Goodbye Tension PARTIES, FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES, REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE GREATER OF:
(A) THE AMOUNT PAID BY YOU TO US FOR THE SERVICES IN THE 12 MONTHS PRECEDING THE CLAIM, OR
(B) $100 USD
EXCEPTIONS: THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR:
THE GROSS NEGLIGENCE, FRAUD OR INTENTIONAL MISCONDUCT OF Goodbye Tension OR THE OTHER Goodbye Tension PARTIES
ANY OTHER MATTERS IN WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW
JURISDICTIONAL VARIATIONS: SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
21. RELEASE
To the fullest extent permitted by applicable law, you release Goodbye Tension and the other Goodbye Tension Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to:
Disputes between users
The acts or omissions of third parties
Third-party content or services
Your interactions with other users or third parties through the Services
California Civil Code § 1542 Waiver: If you are a California resident, you expressly waive your rights under California Civil Code § 1542, which states: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
You expressly waive any rights you may have under this statute or any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
22. EXPORT CONTROL AND COMPLIANCE
22.1 Export Control and Sanctions Compliance
The receipt and use of our Services may be subject to export control and economic sanctions laws of the United States and other applicable government authorities ("Export Control and Sanctions Laws").
Your Obligations: You agree to:
Abide by all Export Control and Sanctions Laws as they relate to your access and use of our Services
Not access or use our Services if you are located in a jurisdiction where the provision of our Services is prohibited by law (a "Prohibited Jurisdiction")
Not provide access to or allow the use of our Services by any prohibited parties
Prohibited Jurisdictions and Parties:
You will not, directly or indirectly, access, use, or allow access to our Services if you are:
Located in Cuba, Iran, North Korea, Syria, the Crimea region, or any other Prohibited Jurisdiction
Identified on the U.S. Treasury Department's list of Specially Designated Nationals
Listed on the U.S. Department of Commerce's Denied Persons List or Entity List
Subject to any other export control or economic sanctions lists or programs
Your Representations: You represent and warrant that:
You are not named on or subject to any government sanctions programs or list of persons prohibited from receiving U.S. exports
You are not located in, or a company registered in, any Prohibited Jurisdiction
You will comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you are located
You will not use our Services in violation of any export control or sanctions laws
22.2 Anti-Corruption Compliance
You will comply with all applicable United States and international anti-corruption and anti-bribery laws and regulations, including:
U.S. Foreign Corrupt Practices Act
U.K. Bribery Act
Other applicable anti-corruption laws
You acknowledge that you have not received or been offered any illegal or improper bribe, kickback, payment, gift or thing of value in connection with these Terms or your use of the Services.
23. SERVICE LEVEL AND AVAILABILITY
23.1 Service Availability
While we strive to provide reliable and uninterrupted access to our Services, we do not guarantee that:
The Services will be available at all times or without interruption
The Services will be error-free or that defects will be corrected
The Services will meet your specific requirements or expectations
Any data, content, or information will be transmitted securely or without loss
23.2 Scheduled Maintenance
We may perform scheduled maintenance on our Services from time to time, which may result in:
Temporary service interruptions
Reduced functionality
Slower performance
We will attempt to:
Schedule maintenance during off-peak hours when possible
Provide advance notice of scheduled maintenance when feasible
Minimize the duration and impact of maintenance windows
However, we are not obligated to provide advance notice and may perform emergency maintenance without notice.
23.3 Service Interruptions
Our Services may be interrupted, suspended, or modified at any time without notice due to:
Technical issues or system failures
Maintenance, upgrades, or improvements
Security incidents or threats
Third-party service provider issues
Force majeure events (see Section 31)
Legal or regulatory requirements
We are not liable for any losses or damages resulting from service interruptions, suspensions, or modifications.
23.4 No Service Level Agreement
Unless you have entered into a separate written agreement with us that includes a Service Level Agreement (SLA), we do not guarantee any specific uptime, performance metrics, or response times.
24. GOVERNMENT USE
If our Services are acquired by any agency of the U.S. Government, such agency acknowledges that:
(a) The Services and any related software constitute "commercial computer software" or "commercial computer software documentation" for purposes of 48 C.F.R. §12.212 and 48 C.F.R. §227.7202, as applicable; and
(b) Such agency's rights are limited to those specifically granted under these Terms.
Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, the commercial computer software and commercial computer software documentation are being licensed to U.S. Government end users:
Only as commercial items
With only those rights as are granted to all other end users pursuant to these Terms
25. DISPUTE RESOLUTION AND BINDING ARBITRATION
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
25.1 Informal Dispute Resolution
Before initiating arbitration or litigation, you agree to first contact us to attempt to resolve any dispute informally. Send a written notice describing the dispute and your desired resolution to the address in Section 33. We will attempt to resolve the dispute within 60 days of receiving your notice.
25.2 Agreement to Arbitrate
Except for:
Small claims disputes in which you or Goodbye Tension seek to bring an individual action in small claims court located in the county of your billing address, OR
Disputes in which you or Goodbye Tension seek injunctive or other equitable relief for the alleged unlawful use of intellectual property
You and Goodbye Tension waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court.
Instead, all disputes arising out of or relating to these Terms or our Services will be resolved through confidential binding arbitration held in Cook County, Illinois in accordance with the Streamlined Arbitration Rules and Procedures ("Rules") of the Judicial Arbitration and Mediation Services ("JAMS"), which are available on the JAMS website (https://www.jamsadr.com) and are hereby incorporated by reference.
You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
25.3 Arbitration Rules and Procedures
Governing Law: You and Goodbye Tension agree that these Terms affect interstate commerce and that the enforceability of this Section 25 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"), to the maximum extent permitted by applicable law.
Arbitrator Authority: As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to:
Make all procedural and substantive decisions regarding any dispute
Grant any remedy that would otherwise be available in court
Award attorneys' fees and costs as permitted by law
Arbitrator Limitations: The arbitrator does NOT have the authority to:
Conduct a class arbitration or representative action
Consolidate more than one individual's claims
Preside over any type of class or representative proceeding
Preside over any proceeding involving more than one individual
25.4 Class Action Waiver
YOU AND Goodbye Tension AGREE THAT ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES IS PERSONAL TO YOU AND Goodbye Tension AND THAT ANY DISPUTE WILL BE RESOLVED SOLELY THROUGH INDIVIDUAL ARBITRATION AND WILL NOT BE BROUGHT AS A CLASS ARBITRATION, CLASS ACTION OR ANY OTHER TYPE OF REPRESENTATIVE PROCEEDING.
There will be no class arbitration or arbitration in which an individual attempts to resolve a dispute as a representative of another individual or group of individuals.
Further, a dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
25.5 Arbitration Fees and Costs
For Arbitrations You Initiate:
You will pay the JAMS filing fee
Goodbye Tension will pay the remaining JAMS fees and costs
For Arbitrations Goodbye Tension Initiates:
Goodbye Tension will pay all JAMS fees and costs
Attorneys' Fees: Each party is responsible for their own attorneys' fees unless the arbitrator awards attorneys' fees as permitted by law.
25.6 Arbitration Location
Arbitration will take place in Cook County, Illinois, unless the parties agree otherwise. You may request that the arbitration be conducted by telephone or based on written submissions if in-person arbitration would create an undue burden.
25.7 Enforcement and Appeals
You and Goodbye Tension agree that the state or federal courts of the State of Illinois and the United States sitting in Cook County, Illinois have exclusive jurisdiction over:
Any appeals of an arbitration award
The enforcement of an arbitration award
Any disputes about the arbitrability of a claim
25.8 Time Limit for Claims
Any claim arising out of or related to these Terms or our Services must be filed within one (1) year after such claim arose; otherwise, the claim is permanently barred, which means that you and Goodbye Tension will not have the right to assert the claim.
The one-year period begins when the claim first could be filed. If a claim is not filed within one year, it is permanently barred even if it would otherwise have merit.
25.9 Opt-Out of Arbitration
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 25.
To opt out, send an email to [INSERT LEGAL EMAIL] with the subject line "Arbitration Opt-Out" that includes:
Your full name
The email address associated with your account
A clear statement of your intent to opt out of binding arbitration
The opt-out notice must be sent within 30 days of first accepting these Terms to be effective.
By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 26 (Governing Law and Venue).
25.10 Severability of Arbitration Provision
If any portion of this arbitration provision is found to be unenforceable, then the entirety of this arbitration provision will be null and void, and any remaining dispute will be resolved in court pursuant to Section 26.
26. GOVERNING LAW AND VENUE
These Terms and your access to and use of our Services will be governed by and construed and enforced in accordance with the laws of the State of Illinois, without regard to conflict of law rules or principles (whether of Illinois or any other jurisdiction) that would cause the application of the laws of any other jurisdiction.
For Disputes Not Subject to Arbitration:
Any dispute between the parties that is:
Not subject to arbitration under Section 25, OR
Cannot be heard in small claims court, OR
Relates to intellectual property rights
Will be resolved in the state or federal courts of Illinois and the United States, respectively, sitting in Cook County, Illinois.
You and Goodbye Tension consent to the personal jurisdiction and venue of these courts and waive any objection to such jurisdiction or venue.
27. CHANGES TO THESE TERMS
We may make changes to these Terms from time to time.
Notice of Changes: If we make changes, we will:
Post the amended Terms to our Services
Update the "Last Updated" date at the top of these Terms
Attempt to notify you by sending an email notification to the address associated with your account OR providing notice through our Services
For material changes, provide reasonable advance notice before the changes take effect
Acceptance of Changes: Unless we say otherwise in our notice:
The amended Terms will be effective immediately upon posting (or on the effective date specified in the notice)
Your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes
If You Do Not Agree: If you do not agree to the amended Terms, you must:
Stop accessing and using our Services immediately
Cancel your account in accordance with Section 28
Your continued use of the Services after changes take effect constitutes your acceptance of the new Terms.
Older Versions: We may, but are not obligated to, maintain prior versions of these Terms for your review. You are responsible for checking these Terms periodically for changes.
28. TERMINATION AND ACCOUNT CLOSURE
28.1 Termination by Us
We reserve the right, without notice and in our sole discretion, to:
Suspend your access to all or part of our Services
Terminate your account
Remove or disable your Marketing Content
Terminate your right to access or use our Services
Grounds for Termination: We may terminate or suspend your account for reasons including:
Violation of these Terms or our Acceptable Use Policy
Non-payment of fees
Fraudulent, abusive, or illegal activity
Complaints from your Contacts or third parties
Security concerns or suspected account compromise
Extended period of inactivity
Any other reason at our sole discretion
Effect of Termination: Upon termination:
Your right to access and use the Services immediately ceases
You remain responsible for all fees and charges incurred through the termination date
Sections of these Terms that by their nature should survive will continue to apply (see Section 28.4)
28.2 Termination by You
You may terminate your account at any time by:
Following the cancellation procedures in Section 10.2, OR
Sending written notice to the address in Section 33
Upon termination by you:
Your subscription will end at the end of your current billing period (unless you are eligible for a refund under Section 11)
You will continue to have access through the end of your current billing period
You remain responsible for all fees incurred through the end of that period
28.3 Account Deletion
When your account is terminated (whether by you or us):
We may immediately delete or disable your account and Marketing Content
We may retain certain information as described in Section 29 and our Privacy Policy
We have no obligation to maintain or provide you with copies of your Marketing Content
28.4 Survival
The following sections survive termination of these Terms:
Section 4 (Privacy)
Section 5.2 (Contact Data - limited to ongoing obligations)
Section 9 (Prohibited Conduct - for prior violations)
Section 10 (Terms of Sale - for unpaid fees)
Section 11 (Refund Policy)
Section 12 (Limited License - termination of license)
Section 14 (Feedback)
Section 16 (Copyright Complaints - for prior claims)
Section 17 (Data Processing - for ongoing obligations)
Section 18 (Indemnification)
Section 19 (Disclaimers)
Section 20 (Limitation of Liability)
Section 21 (Release)
Section 25 (Dispute Resolution)
Section 26 (Governing Law)
Section 29 (Content Retention)
Section 32 (Severability)
Section 34 (Miscellaneous)
28.5 No Liability for Termination
We are not responsible for any loss or harm related to your inability to access or use our Services following termination, including loss of Marketing Content, Contact Data, or business opportunities.
29. CONTENT RETENTION AND EXPORT
29.1 Content Retention After Termination
During Active Subscription: While your account is active, you can access and download your Marketing Content and Contact Data through the Services.
After Termination or Cancellation:
30-Day Grace Period: After your account is terminated or cancelled, we will retain your Marketing Content and Contact Data for 30 days to allow you to export your data
After 30 Days: After the 30-day grace period, we may permanently delete your Marketing Content and Contact Data
No Recovery: Once deleted, your content cannot be recovered
29.2 Your Right to Export Data
You have the right to export your Marketing Content and Contact Data at any time while your account is active or during the 30-day grace period.
How to Export:
Log into your account and use the export features available in your dashboard
Contact us at the address in Section 33 if you need assistance with exporting data
For large data exports, we may provide the data in a commonly used format via secure download link
Export Limitations:
We provide data in commonly used formats (CSV, JSON, etc.)
We are not required to provide data in any specific format you request
Some data may not be exportable due to technical limitations
29.3 Data Retention for Legal Purposes
Notwithstanding the above, we may retain certain information even after termination:
As required by law or legal obligations
To comply with tax, accounting, or regulatory requirements
To resolve disputes or enforce our agreements
To prevent fraud or abuse
In de-identified or aggregated form for analytics purposes
Such retained information will continue to be subject to our Privacy Policy.
29.4 Backup Retention
Your deleted content may remain in our backup systems for up to 90 days after deletion. Backup data is not accessible to you and will be permanently deleted according to our backup retention schedule.
30. ACCESSIBILITY
We are committed to making our Services accessible to individuals with disabilities.
30.1 Accessibility Standards
We strive to conform to the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards. While we work to ensure accessibility, some areas of our Services may not be fully accessible to all users.
30.2 Accessibility Features
Our Services include features designed to improve accessibility, such as:
Keyboard navigation support
Screen reader compatibility
Alt text for images
Sufficient color contrast
Resizable text
30.3 Requesting Accommodations
If you experience difficulty accessing any part of our Services due to a disability, please contact us at the address in Section 33. We will work with you to provide the information or functionality through an alternative method, if possible.
Please provide:
Your name and contact information
A description of the accessibility issue you encountered
The web page or feature where you encountered the issue
Any assistive technology you were using
We will respond to accessibility requests within 10 business days.
30.4 Third-Party Content
We are not responsible for the accessibility of third-party content, integrations, or services available through our Services.
30.5 Ongoing Efforts
We regularly review our Services for accessibility and work to improve the accessibility of new features and functionality as we develop them.
31. FORCE MAJEURE
Goodbye Tension will not be liable for any failure or delay in performing its obligations under these Terms if such failure or delay is due to circumstances beyond our reasonable control, including:
Acts of God (earthquakes, floods, fires, storms, etc.)
War, terrorism, or civil unrest
Government actions, laws, or regulations
Epidemics or pandemics
Labor disputes or strikes
Failures of third-party service providers or telecommunications
Power outages or utility failures
Cyberattacks or security incidents (not caused by our negligence)
Other events beyond our reasonable control
Effect of Force Majeure: During a force majeure event:
Our performance obligations will be suspended for the duration of the event
We will use commercially reasonable efforts to resume performance as soon as possible
We will notify you of the force majeure event when practicable
You will not be entitled to refunds or credits for service interruptions caused by force majeure events
Extended Force Majeure: If a force majeure event continues for more than 30 consecutive days, either party may terminate the affected portion of these Terms upon written notice to the other party.
32. SEVERABILITY
If any provision or part of a provision of these Terms is unlawful, void or unenforceable under applicable law, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
If a court of competent jurisdiction finds any provision of these Terms to be unenforceable:
The court should modify the provision to make it enforceable while preserving its intent to the maximum extent possible
If the provision cannot be modified, it should be severed
The remaining provisions will continue in full force and effect
Arbitration Severability: If the arbitration provision in Section 25 is found to be unenforceable, the entirety of Section 25 will be null and void, and disputes will be resolved in court pursuant to Section 26.
33. CONTACT INFORMATION
If you have any questions, concerns, or requests regarding these Terms or our Services, please contact us:
Goodbye Tension
General Inquiries:
Email: [email protected]
Mailing Address:
Goodbye Tension
14127 Capri Dr. #9, Lose Gatos US-0-CA 95032
We will respond to inquiries within 10 business days during normal business hours.
34. MISCELLANEOUS
34.1 Entire Agreement
These Terms, together with our Privacy Policy, Acceptable Use Policy, and any additional terms you agree to when using specific features or services, constitute the entire agreement between you and Goodbye Tension relating to your access to and use of our Services.
These Terms supersede any prior or contemporaneous agreements, communications, or understandings between you and Goodbye Tension regarding the Services.
Rejection of Additional Terms: Any additional or different terms proposed by you in any purchase order, request for proposal, or other document are hereby objected to by Goodbye Tension and shall be void.
34.2 No Waiver
The failure of Goodbye Tension to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision.
No waiver of any provision of these Terms will be effective unless in writing and signed by an authorized representative of Goodbye Tension.
A waiver of any breach or default under these Terms will not constitute a waiver of any subsequent breach or default.
34.3 Assignment
Your Assignment Rights: These Terms and any rights granted herein may not be assigned or transferred by you without our prior written consent. Any attempted assignment in violation of this provision will be null and void.
Our Assignment Rights: We may assign these Terms and any rights granted herein, in whole or in part, without your consent or notice in connection with:
A merger, acquisition, or sale of all or substantially all of our assets
A corporate reorganization
Any other transfer of our business
34.4 Third-Party Beneficiaries
These Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity, except as expressly stated (such as the Goodbye Tension Parties for purposes of indemnification).
34.5 Interpretation
Section Titles: The section titles in these Terms are for convenience only and have no legal or contractual effect.
Examples: Any examples provided in these Terms are illustrative only and not exhaustive.
Headings: Headings and titles are for reference purposes only and do not limit or affect the meaning of these Terms.
34.6 Electronic Execution
These Terms may be executed and delivered electronically and in one or more counterparts, each of which shall, when taken together, constitute a single document.
Your electronic acceptance of these Terms (by clicking "I Agree," creating an account, or using the Services) constitutes your binding signature.
34.7 Language
These Terms are written in English. Any translation of these Terms into another language is provided for convenience only. In the event of any conflict between the English version and a translated version, the English version will govern.
34.8 No Joint Venture
Nothing in these Terms creates or will be deemed to create a partnership, joint venture, agency, or employment relationship between you and Goodbye Tension.
34.9 Notices
To You: We may provide notices to you:
By email to the address associated with your account
By posting on our Services
By in-app notification
By mail to the address associated with your account
Notices by email are effective when sent. Notices by posting are effective when posted.
To Us: You must send notices to us in writing to the address in Section 33. Notices to us are effective when received.
34.10 Equitable Relief
You acknowledge that a breach of these Terms may cause irreparable harm to Goodbye Tension for which monetary damages may be an inadequate remedy. Accordingly, Goodbye Tension will be entitled to seek equitable relief, including injunctive relief and specific performance, in addition to any other remedies available at law or in equity.
34.11 Relationship to Privacy Policy
These Terms should be read in conjunction with our Privacy Policy. In the event of any conflict between these Terms and the Privacy Policy with respect to privacy matters, the Privacy Policy will govern.
END OF TERMS OF SERVICE
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