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Terms of Service

Last Updated: [July 27th, 2023]

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Welcome to www.gobey.ai (the “Website”), operated by Gobey.AI or its affiliates (“Gobey.AI,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of the Website, our all-in-one sales and marketing platform (including CRM, phone system, email/video email, appointments, ringless voicemail, direct mail, 2-way texting, sales pipelines, forms, automation, power dialer, lead capture, and related services), mobile apps, and any other features, content, or services we provide (collectively, the “Services”).

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By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, you must not use the Services.

1. Eligibility and Accounts

You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Services. By using the Services, you represent that you meet this requirement and have the legal capacity to enter into these Terms.

You may need to create an account to access certain features. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Notify us immediately of any unauthorized use.

2. License and Permitted Use

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for your internal business purposes (or personal use if you are an individual).

You may not:

  • Copy, modify, distribute, sell, or lease any part of the Services.

  • Reverse engineer, decompile, or attempt to extract the source code.

  • Use the Services to build a competing product.

  • Transmit spam, unsolicited messages, or engage in illegal activities (e.g., violating TCPA, CAN-SPAM, or data privacy laws).

  • Scrape, crawl, or data-mine the Services.

  • Share login credentials or allow unauthorized users access.

3. Subscriptions, Payments, and Billing

Certain features require a paid subscription. Pricing and plans are available on the Website.

  • Auto-renewal: Subscriptions automatically renew unless canceled before the renewal date.

  • Cancellation: You may cancel via your account settings. Cancellation takes effect at the end of the current billing period; no refunds for partial periods.

  • Refunds: Generally non-refundable unless otherwise stated in a specific offer or required by law.

  • Taxes: You are responsible for all applicable taxes.

  • Late payments may result in suspension or termination of your account. We may use third-party processors (e.g., Stripe) for payments.

4. User Content and Data

You retain ownership of content you upload or create (“User Content”). By submitting User Content, you grant us a worldwide, royalty-free, non-exclusive license to host, use, reproduce, modify, and distribute it as necessary to provide and improve the Services.

You are solely responsible for your User Content and must ensure it complies with all laws. We may remove or refuse User Content that violates these Terms.

Lead and Contact Data: When using features like geofarming, circle prospecting, or lead import, you must comply with all applicable privacy, telemarketing, and data protection laws (e.g., GDPR, CCPA, TCPA). You represent that you have all necessary consents and rights to contact the individuals in your lists.

5. Privacy

Our Privacy Policy explains how we collect, use, and protect your information. By using the Services, you consent to our data practices.

6. Intellectual Property

All content, trademarks, logos, and technology in the Services are owned by Gobey.AI or its licensors. Nothing in these Terms transfers ownership to you.

7. Disclaimers and Warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

Results from sales tools, lead generation, or automation are not guaranteed. Success depends on many factors outside our control.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GOBEY.AI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

9. Indemnification

You agree to indemnify and hold Gobey.AI harmless from any claims, damages, losses, and expenses (including legal fees) arising from:

  • Your use of the Services.

  • Your User Content or contact lists.

  • Your violation of these Terms or any law.

10. Termination

We may suspend or terminate your access at any time, with or without notice, for any reason (including violation of these Terms). Upon termination, your right to use the Services ceases, but certain provisions (e.g., liability, indemnification) survive.

11. Modifications to Terms

We may update these Terms periodically. We will notify you of material changes (e.g., via email or in-app notice). Continued use after changes constitutes acceptance.

12. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Florida, USA, without regard to conflict of laws principles. Any disputes shall be resolved exclusively in the courts located in Fort Lauderdale, Florida.

You agree to waive any right to a jury trial and to participate in any class action.

13. Miscellaneous

  • Entire Agreement: These Terms (with the Privacy Policy) constitute the full agreement.

  • Severability: If any provision is invalid, the rest remain in effect.

  • No Waiver: Failure to enforce a right does not waive it.

  • Contact: Questions? Email us [info@gobey.ai] or give us a call [678-675-0038] for any issues that arise.

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