Effective from 24 July 2023

This version replaces the prior version of the Go1 User Terms in its entirety.

Notice to End User: Go1 grants you permission to access and use the Go1 Services for which you have a valid and current license (“Services”) only on the condition that you, as a user of the Services (“you”), accept all the terms and conditions contained or referenced in these User Terms.

Capitalized terms not defined herein shall have the same meanings found in the Go1 Customer Terms made available here: https://www.go1.com/terms/customer-terms.

1. Agreement with Go1

1.1 In addition to these User Terms, your access to and use of the Services is governed by the written licensing terms previously agreed to in a separate agreement between your employer, or the company you otherwise represent (“(Your) Employer”) and either (a) Go1 and its agents and Affiliates (collectively, “Go1”) or (b) an authorized Reseller Partner.

1.2 If Your Employer has not previously agreed to the applicable licensing terms, then your access and use of the Services is further subject to the current Go1 Customer Terms available here: https://www.go1.com/terms/customer-terms (“Go1 Customer Terms”).

1.3 “Agreement” as used in these User Terms means the terms and agreements mentioned in either Section 1.1 or Section 1.2, as applicable. The Agreement is incorporated into these User Terms. In the event of any conflict between the Agreement and these User Terms, the Agreement will apply.

2. Acceptance of these User Terms

2.1 You may not access or use the Services if you do not agree to these User Terms.

2.2 You may not use the Services if you are:

(a) prohibited by law, regulation, or generally accepted practices or guidelines or Applicable Law in any Applicable Jurisdiction from receiving or using the Services;

(b) not fully able and competent to enter a binding contract with Go1. You affirm that you are over the age of majority in your Applicable Jurisdiction and acknowledge that these Services are not intended for minors in your Applicable Jurisdiction, and in any case children under the age of 13; nor;

(c) a direct competitor of any of the Services and are using such Services for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.

2.3  These User Terms will apply from the beginning of our relationship with you as the End User, which occurs as soon as you access any of the Services and continues until the Agreement under which you are permitted to access and use the Services is terminated in accordance with the Agreement, or your access and use of the Services under the Agreement is discontinued, whichever is earlier, unless terminated earlier in accordance with these User Terms.

2.4 If we make any material change to these User Terms that meaningfully reduces your rights, we will use reasonable endeavors to notify you using prominent means, such as by:

(i)  email notice sent to the latest email address that we have on record for you; or

(ii) posting a notice through our Services, the Website, or the App.

2.5 Modifications will become effective on the day they are posted or otherwise published, unless stated otherwise.

2.6 Your continued use of our Services after changes become effective will mean that you accept those changes.

2.7 Any version of these User Terms in a language other than English is provided for convenience only and you understand and agree that the English language version will prevail where there is conflict.

3. Proprietary Rights

3.1 You agree that we, and/or our licensors of the materials, Courses, and/or Go1 Content, own and retain all right, title, and interest in and to:

(i) the Services, Software, Website, and App (including all improvements, enhancements or modifications to the Services and Software, the Website and the App);

(ii) any software, applications, inventions or other technology developed in connection with Implementation Services or the provision of support; 

(iii) the Courses, materials, and Go1 Content;

(iv) content or materials created while providing the Services; and

(v) all intellectual property rights in or related to anything referred to in paragraphs (i) to (iv) above.

Unless otherwise expressly provided in this Agreement, content (including Customer Data) remains the proprietary property of the person or entity supplying it (or their affiliated and/or third-party providers and suppliers, as is relevant) and is protected, without limitation, pursuant to applicable copyright and intellectual property laws.

3.2 Feedback. During the License Term, we may solicit you for feedback regarding the Services or Go1 Content, including without limitation comments or suggestions regarding the possible creation, modification correction, improvement or enhancement of the Services, software, or content (collectively “Feedback”). You agree that any information disclosed by us during the discussion related to Feedback shall be considered our Confidential Information. Feedback incorporated into any Services, Go1 Content, and materials are hereby irrevocably assigned to Go1, where applicable, as well as any of the modifications, or extensions of the above, whenever or wherever developed.

4. Use of Go1 Services

4.1 At all times during the License Term, you must:

(i) obtain and maintain all hardware, software, and communications equipment necessary for you to access and use the Services, and ensure that they comply with applicable specifications and guidelines communicated to you from time to time;

(ii) You will act in a manner consistent with these User Terms and comply with all Applicable Laws, including all Applicable Data Protection Laws; and

(iii) comply with all our reasonable directions, policies, and guidelines as notified by Go1 from time to time.

5. Account Information and Log-in

5.1 When you register for the Service, you will provide Go1 information related to your account and create log-in credentials, including an account password (“Account Information”). You agree that you will always keep your Account Information complete, accurate, and up to date. You also agree that you will not create Account Information for a third party who is not authorized to access the Services. If you become aware of any unauthorized use of your account or Account Information, or any other breach of security, you agree to notify Go1 by contacting support@go1.com. Go1 may require that you change your Account Information or certain parts of your Account Information at any time for any reason.

5.2 We reserve the right to cancel or refuse registration of any username or password we deem inappropriate.

5.3 You are responsible for your account with us and for all uses of the account or the Equipment, with or without your knowledge or consent.

6. Privacy Policy

6.1 For information about Go1’s data protection and collection practices, please read the Go1 Privacy Policy at https://www.go1.com/terms/privacy-policy which is incorporated herein by reference. You agree to Go1’s use of your data in accordance with the Privacy Policy.

6.2 You agree not to disclose or provide any Sensitive Personal Information while accessing or using the Services. You agree not to transmit, disclose, or make available Sensitive Personal Information to Go1 or Go1’s third-party providers. “Sensitive Personal Information” means an individual’s financial information, sexual preferences, medical, or health information protected under any health data protection laws, biometric data (for purposes of uniquely identifying an individual), personal information of children protected under any child data protection laws (such as the personal information defined under the US Children’s Online Privacy Protection Act (“COPPA”)) and any additional types of information included within this term or any similar term (such as “sensitive personal data” or “special categories of personal information”) as used in Applicable Data Protection Laws.

6.3 During your use of the Services, Go1 may collect information about how you use the Services and interact with the Services and may use such information to modify, improve or enhance the Services or your ability to access and use the Services.

6.4 You agree that if your license to Go1 Services is provided through your employer (1) Go1 may provide Your Employer with the ability to access, use, remove, retain, and control your profile associated with the Services; and (2) Go1 may contact you to provide support on how to access and use the Services.

6.5 We use data collected through tracking technologies to record your interactions with content on the Service to monitor and report on usage to our Content Partners.

6.6 We also use, or may use, the data collected through tracking technologies to secure the Services, improve the Services, to save you time, to provide better technical support, and to track usage of our Services. For example, tracking technologies help us to: (a) remember information so that a user will not have to re-enter it during subsequent visits; (b) provide custom, personalized content and information; (c) identify you across multiple devices; (d) provide and monitor the effectiveness of our Services; (e) monitor aggregate metrics such as total number of visitors, traffic, and usage on our Services; (f) diagnose or fix technology problems; (g) help users efficiently access information after signing in; and (h) otherwise plan for and enhance our Services and your enjoyment of the Services.

7.  Confidentiality

You agree to take reasonable precautions to protect our non-public information regarding features, functionality, and performance of the Services and Go1’s intellectual property and to comply with all lawful and reasonable directions given to you with respect to Go1 proprietary information.

8. Trade Sanctions and Export Controls Compliance

8.1 The Services and your use of them, are subject to laws, restrictions, and regulations of the United States and other jurisdictions that (A) govern the import, export, and use of the Services; and (B) may prohibit us from providing the Services to you without notice. By using the Services, you agree to comply with all such laws, restrictions, and regulations, and you warrant that you are not prohibited from receiving the Services by the laws of any Applicable Jurisdiction.

8.2 Should Go1 be prohibited by any Applicable Law from fulfilling any obligation to you, Go1 reserves the exclusive right to unilaterally terminate any or all obligations and will, under no circumstances, be liable for damages or repayment arising from such termination.

9. Acceptable Use Policy

You acknowledge that you have read and agree with the content of, and to be bound by, our Acceptable Use Policy which is incorporated by reference into these User Terms and available here: https://www.go1.com/terms/acceptable-use-policy.

10. Content

(a)  Go1 does not screen Go1 Content and all use of the Go1 Content by you is at your own risk.

(b) We have no responsibility or liability for such use.

(c) In particular, no review, posting, or appearance of the Course on or through the Services is intended to act as an endorsement or representation that any Course is free of violation of any copyright, privacy, or other laws or will suit a particular purpose or be accurate or useful.

(d)  If you believe that any Go1 Content violates any laws, including any copyright laws, you may report such belief to us.

(e) Content Partners may choose to terminate their relationships with us and become inactive (we do not guarantee Content Partner or Course availability and we are not liable for any issues relating to Content Partners or Course availability).

(f) you assume any and all risks from any meetings or contact you have with any Content Partners, customers, or other users.

11. Suspension or Termination

(a)  In addition to any other remedies a party may have, we may suspend or terminate your access immediately without notice:

(I)  if you materially breached, or we reasonably suspect you have breached, any of these User Terms;

(ii) in the case of non-payment by the customer or you, as applicable; or

(iii) as otherwise permitted in our Agreement with the customer.

(b) Except where an exclusive remedy may be specified in these User Terms, the exercise by either party of any remedy, including termination, will be without prejudice to any other remedies it may have under these User Terms, by law or otherwise.

(c) Once the Agreement terminates:

(i)  your right to use and access the Services will cease immediately:

(ii) you must cease all use of the Services, Go1 Content, Courses, and any related materials;

(iii) you are required to delete the Services and any related materials made available to you under the Agreement, including any Go1 Confidential Information from your systems as applicable (including any third-party systems operated on your behalf) and, if requested by us, provide written certification to us that you have done so at our request; and

(iv) you undertake not to attempt to access the Services or any data stored in the Services (except in accordance with our Privacy Policy), any related materials, any Courses, the Website, or the App after the date of termination.

12. Information, general exclusions, and operation of laws

12.1 General

(a) Whilst all materials and other information communicated to you via Content Partners or our employees, contractors, agents, or representatives are provided in good faith and are believed to be accurate and current as at the date of publication, presentation, or communication, we provide no warranty or guarantee of accuracy or completeness.  In addition, all such material is not intended as professional advice and must not be relied upon as such.

(b) Prior to taking any particular course of action in connection with the Services, Website or the App, you should make your own enquiries and seek independent advice tailored to your specific circumstances, needs, and objectives.

(c) The Services are a web-based marketplace for Content Partners and customers. Go1 does not hire or employ Content Partners.

(d) We are not responsible or liable for any interactions between any Content Partners users who purchase or use a Content Partner’s Course via the Services. We are not responsible for disputes, claims, losses, injuries, or damages of any kind that might arise out of, or relate to, conduct of Content Partners or users, including any customer's or user’s reliance upon any information provided by a Content Partner.

(e) You also understand that, by using the Services, you may be exposed to content that you consider objectionable. We have no responsibility to keep such content from you and no liability for your access or use of any Course or content, to the extent permissible under Applicable Law.

(f) You acknowledge and agree that the Services and any other goods or services supplied by us to you or used by you are not of a kind ordinarily acquired for personal, domestic, or household use or consumption and you do not intend such use or consumption. If this changes at any time, you must promptly notify us.

12.2 No warranty or representation

To the maximum extent permitted by Applicable Law we make no warranty, representation, or guarantee, whether express or implied:

(a) as to the usefulness of the Services or materials, nor any of the products and services promoted on the Website, the App, via linked websites, or communicated to you by us;

(b) as to the appropriateness of the Courses or materials provided to you by us or our employees, contractors, agents, or representatives;

(c) as to the quality, accuracy, reliability, currency, performance, completeness, or fitness for purpose of any part of the Services, the Website, the App, the materials, and other information communicated to you by us or our employees, contractors, agents, or representatives;

(d) that the Website, the App, or the Services will be uninterrupted;

(e) as to the results that may be obtained from use of the Services; or

(f) that the Website, the App, the materials, or the facilities that make the Website, the App, and the Go1 Content available, will not cause damage, or are free from any malicious code or any other defects or errors.

12.3 Force Majeure

We will not be liable for failure to perform our obligations under these User Terms to the extent the performance is delayed, prevented, restricted or interfered with as a result of any events, circumstances, or causes beyond reasonable control (including without limitation fire, flood, acts of God, interruption or failure of utility or telecommunications service, or hosting provider, denial of service attacks or other malicious conduct, government actions, acts of terrorism, labor disputes or other similar events.

12.4 Links to other websites

(a) The Website or the App may contain links and pointers to other websites operated by third parties which are included solely for your convenience.

(b) Links to third party websites do not constitute endorsement, sponsorship, or approval by us of the content, policies, or practices of those third parties, or the content available on or for download from those third-party sites.

(c) You agree that, by accessing any third-party linked website, you do so entirely at your own risk.

(d) We are not responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with, use or reliance on any goods or services available on or through any third-party website.

13. General

13.1 Entire Agreement

These User Terms are the complete and exclusive statement of the mutual understanding between you and us and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this page/document.

13.2 Assignment

(a) These User Terms are not assignable, transferable, or able to be sub-licensed by you except with our prior written consent.

(b) We may transfer and assign any of our rights and obligations under the Agreement and may novate and sub-license any of its rights or obligations under the Agreement.

13.3 Severability

If any provision of these User Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the User Terms will otherwise remain in full force and effect and enforceable.

13.4 Governing law and jurisdiction

These User Terms are governed by the laws of the Applicable Jurisdiction, and the parties irrevocably submit to the exclusive jurisdiction of the courts of the Applicable Jurisdiction.

13.5 Notice to U.S. Government.

End Users: The Software and related materials are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.