Gokyo

Terms of Service

Effective Date: January 17, 2025

Introduction

Welcome to Gokyo.ai. These Terms of Service ("Terms") govern your access to and use of the Gokyo.ai website, applications, and services (collectively, the "Service"). Please read these Terms carefully before using our Service.

By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Service.

The Service is offered by Gokyo AI Inc. ("Gokyo," "we," "us," or "our"), a company registered in British Columbia, Canada.

Definitions

Throughout these Terms, the following definitions apply:

  • "Account" means a unique account created for you to access our Service or parts of our Service.

  • "Content" means any information, data, text, software, graphics, messages, or other materials that can be viewed by users of the Service.

  • "Platform" refers to the Gokyo.ai website and applications.

  • "Service" refers to the Gokyo.ai platform, which provides AI-powered brand tracking and analytics services.

  • "Subscription" means the recurring payment arrangement for access to the Service.

  • "User" or "you" means any individual or entity that uses the Service.

  • "User Content" means any Content that a User uploads, submits, stores, sends, or receives through the Service.

Account Registration

Eligibility

To use our Service, you must be at least 18 years of age and have the legal capacity to enter into binding contracts. By creating an account, you represent and warrant that you meet these requirements.

Account Creation

To access certain features of the Service, you must create an account. When you create an account, you must provide accurate, current, and complete information. You are responsible for safeguarding your account credentials and for all activities that occur under your account.

User Responsibilities

You agree to:

  • Maintain the confidentiality of your account password
  • Notify us immediately of any unauthorized access to your account
  • Take responsibility for all activities that occur under your account
  • Ensure that all information you provide is accurate and up-to-date
  • Use the Service in compliance with all applicable laws and regulations

Organizational Accounts

If you create an account on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms.

License and Service Usage

Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service for your personal or internal business purposes.

Restrictions

You may not:

  • License, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit the Service
  • Modify, adapt, or hack the Service or modify any website so as to falsely imply that it is associated with the Service
  • Use the Service in any way that violates applicable laws or regulations
  • Use the Service to store or transmit malicious code or other harmful data
  • Interfere with or disrupt the integrity or performance of the Service
  • Attempt to gain unauthorized access to the Service or related systems or networks
  • Use the Service to build a competitive product or service
  • Copy, reproduce, distribute, republish, download, display, post, or transmit any part of the Service except as expressly permitted

API Usage

If we provide you with access to APIs (Application Programming Interfaces), you agree to use them in accordance with any documentation or guidelines we provide. We reserve the right to set and enforce limits on your use of our APIs.

Intellectual Property

Our Intellectual Property

The Service and its contents, features, and functionality are owned by Gokyo AI Inc., its licensors, or other providers and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Feedback

If you provide us with feedback or suggestions regarding the Service, you hereby grant us a perpetual, irrevocable, worldwide, royalty-free license to use such feedback or suggestions for any purpose without compensation to you.

Trademarks

All trademarks, logos, and service marks displayed on the Service are either Gokyo's property or the property of third parties. You may not use these without our prior written permission or the permission of the third party that owns the trademark.

User Content

Ownership

You retain ownership of any intellectual property rights you hold in User Content you submit to the Service.

License to User Content

By submitting, posting, or displaying User Content on or through the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, distribute, and display such User Content for the purpose of providing and improving the Service.

Responsibility for User Content

You are solely responsible for your User Content and the consequences of sharing it through the Service. You represent and warrant that:

  • You own or have obtained all necessary rights to the User Content
  • Your User Content does not violate any third party's intellectual property or other rights
  • Your User Content complies with these Terms and all applicable laws and regulations

Content Removal

We reserve the right to remove any User Content that violates these Terms or that we determine, in our sole discretion, is harmful, offensive, or otherwise objectionable.

Prohibited Activities

You agree not to engage in any of the following prohibited activities:

  • Violating any applicable laws, regulations, or rights of third parties
  • Impersonating any person or entity or falsely stating or misrepresenting your affiliation with a person or entity
  • Engaging in any activity that could disable, overburden, damage, or impair the Service
  • Uploading or transmitting viruses, worms, or other malicious code
  • Attempting to access or search the Service through any automated means
  • Collecting or harvesting any information from the Service without authorization
  • Using the Service for any illegal or unauthorized purpose
  • Interfering with any other user's enjoyment of the Service
  • Engaging in any activity that constitutes, encourages, or provides instructions for a criminal offense
  • Attempting to circumvent any technological measure implemented by us to protect the Service
  • Using the Service to generate, distribute, publish, or facilitate unsolicited mass email, promotions, or advertisements

Payment Terms

Fees

You agree to pay all fees associated with your Subscription according to the pricing plan you select. All fees are in [Currency] unless otherwise stated.

Billing

We will bill you through the payment method you specify when you subscribe to the Service. You authorize us to charge your payment method for all fees due.

Taxes

All fees are exclusive of taxes unless stated otherwise. You are responsible for paying all taxes associated with your use of the Service.

Refunds

Payments are non-refundable unless otherwise specified in these Terms or required by applicable law.

Price Changes

We reserve the right to change our prices at any time. If we change pricing for your Subscription, we will provide notice of the change on the Service or by email at least 30 days before the change takes effect.

Subscription and Cancellation

Subscription Terms

Your Subscription will automatically renew at the end of each billing period unless you cancel it before the renewal date.

Cancellation

You may cancel your Subscription at any time through your account settings or by contacting our customer support. If you cancel, you may continue to use the Service until the end of your current billing period, but you will not receive a refund for any fees already paid.

Free Trial

We may offer free trials of the Service. Once your free trial period ends, your account will automatically convert to a paid Subscription unless you cancel before the end of the trial period.

Termination

Termination by You

You may terminate your account at any time by contacting us or using the account deletion option in your settings.

Termination by Us

We reserve the right to suspend or terminate your access to the Service, without prior notice or liability, for any reason, including if you breach these Terms.

Effect of Termination

Upon termination:

  • Your right to access and use the Service will immediately cease
  • We may delete your account and all associated data
  • Any provisions of these Terms that by their nature should survive termination shall survive

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GOKYO, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE;
  • ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE;
  • ANY CONTENT OBTAINED FROM THE SERVICE; AND
  • UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT,

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TO US IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Disclaimers and Warranties

Service Provided "As Is"

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GOKYO SPECIFICALLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

No Guarantee of Results

GOKYO MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.

Third-Party Services

YOU ACKNOWLEDGE THAT WE MAY USE THIRD-PARTY PROVIDERS TO POWER SOME OR ALL OF THE SERVICE'S FUNCTIONALITY. YOU AGREE THAT NO THIRD-PARTY PROVIDERS SHALL HAVE ANY LIABILITY TO YOU IN CONNECTION WITH THE SERVICE.

Indemnification

You agree to defend, indemnify, and hold harmless Gokyo, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

  • Your use of and access to the Service;
  • Your violation of any term of these Terms;
  • Your violation of any third-party right, including without limitation any copyright, property, or privacy right; or
  • Any claim that your User Content caused damage to a third party.

This defense and indemnification obligation will survive these Terms and your use of the Service.

Dispute Resolution

Informal Resolution

If you have a dispute with us, you agree to contact us first and attempt to resolve the dispute informally by sending a written notice to us by email. The notice must include your name, address, and a description of the dispute.

Arbitration

If the dispute is not resolved within 60 days after receipt of the notice, you and Gokyo agree that any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or validity thereof, shall be finally settled by arbitration.

The arbitration shall be conducted in accordance with the rules of the British Columbia International Commercial Arbitration Centre. The place of arbitration shall be Vancouver, British Columbia, Canada. The language of the arbitration shall be English.

Class Action Waiver

YOU AND GOKYO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to its conflict of law principles.

Modifications to Terms

We reserve the right to modify these Terms at any time. If we make changes, we will provide notice of such changes, such as by updating the effective date at the top of these Terms or by providing notice through the Service. Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes.

For material changes to these Terms, we will provide at least 30 days' notice before the changes take effect. If you do not agree to the modified terms, you should discontinue your use of the Service.

General Provisions

Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices or additional terms and conditions published by Gokyo on the Service, constitute the entire agreement between you and Gokyo concerning the Service.

Severability

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

No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. We may assign or transfer these Terms, at our sole discretion, without restriction.

Force Majeure

We will not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, terrorism, riots, civil unrest, government action, labor disputes, or Internet service disruptions.

Notices

Any notices or other communications provided by us under these Terms will be given by posting to the Service or by email to the address you provide to us. You agree to provide accurate and current contact information.

Contact Us

If you have any questions about these Terms, please contact us at:

Gokyo AI Inc.
[Street Address]
[City, British Columbia, Postal Code]
Canada

Email: [legal@gokyo.ai]