Goalify User Agreement

Deutsche Version

Latest Changes:

  • August 3rd, 2015: English Version added
  • May 24, 2018: Adoptions due to new regulations introduced by the GDPR. Our User Agreement and Privacy Policy have been separated for better readability
  • April 23, 2019: Paddle.com acts as Merchant of Record for all Goalify Professional related subscription purchases.
  • March 9, 2020: General updates, clarifications and specific provisions for the use of Goalify Professional.

I/ General Provisions

By downloading this application, accessing Goalify web access, accessing Goalify Professional web access or by using a connected service, the user agrees to the stipulations outlined below; these are valid both for the current version of the application as well as for any features made available in the future. The user also agrees to our privacy policy

Changes in the user agreement are possible from time to time and are made available to the user in the settings of the application. The user is asked to regularly review the user agreement. These terms and conditions were generated on December 18, 2014 and last modified on March 9, 2020.

1/

Goalify, and all connected services (hereinafter referred to as GOALIFY, GOALIFY PROFESSIONAL or just APPLICATION), is an application for managing personal goals and activities. Specifically, it allows the user to do the following:

  • Define goals and their related activities
  • Monitor compliance with these goals and activities
  • Record progress in adhering to the set activities,
  • Receive support from the application through alerts concerning completion of individual activities,
  • Collaborate with other users via groups,
  • Compare personal progress with other group members,
  • Exchange messages with other GOALIFY users,
  • Share goals with others or provide them with a template
  • Engage with a third party in a coach/client relationship
  • Let connected coaches create, administer and monitor goals on a user’s behalf
  • Let connected coaches assign a user to public groups or shared goals.

2/

The user is solely responsible for the goals and activities that he or she administers with GOALIFY and has been expressly informed of the following:

GOALIFY neither assesses nor evaluates the reasonableness, appropriateness or achievability of the goals specified by the user, and likewise the application does not assess or evaluates the reasonableness, appropriateness or achievability of the activities specified by the user.

At no time does onebytezero GmbH or the employees of onebytezero GmbH accept any liability for any results stemming from the use of this application, or a connected service.

3/

To the extent that the user administers physical activities with this application, he or she has the responsibility to obtain a physician’s advice concerning the suitability of the activities for the individual user. GOALIFY is neither capable of nor obliged to check the goals managed by the user for individual suitability or attainability.

4/

The user agrees not to manage goals or activities with GOALIFY that violate legal, ethical, religious, health or social rules. If the user acts in a way contrary to this obligation, he or she can immediately be blocked from further use of the application, or a connected service, without advanced notice.

4/

The user agrees to send out invitations for public groups and shared goals or to initiate any related communication only with the express permission of the recipient via GOALIFY.

5/

The user agrees not to send, publish or otherwise reproduce any invitations received to shared goals, groups or to coach/client relationships without the express permission of the original creator.

6/

The user agrees not to use any terms or wording with any of the following characteristics in the interactive areas provided by GOALIFY, which includes but is not limited to the naming and description of goals, workflows, groups and documents:

  • Insulting, libelous, indecent, obscene or pornographic, aggressive, harmful, threatening, bullying, abusive, hateful, fraudulent or misleading
  • Legally constituting harassment
  • Contains personal and/or private information about another person
  • Causing harm to the individual rights or property rights of another person, including the unauthorized publication of protected content, protected trademarks and intellectual content
  • Containing petitions, requests for the signing of petitions, chain letters or advertisement of any kind
  • Calls on other users to divulge the personal information of users or to seek out such information about other users
  • Containing viruses or other destructive or damaging elements
  • Contradicting the goals of onebytezero for the use of GOALIFY, or is categorized as unacceptable for another reason

onebytezero is authorized to take action against those violating these rules and to take any action necessary to ensure compliance with these rules.

7/

The user agrees not to post messages, photos or any other content with any of the following characteristics via the integrated message system or the user forum made available by onebytezero:

  • Insulting, libelous, indecent, obscene or pornographic, aggressive, harmful, threatening, bullying, abusive, hateful, fraudulent or misleading
  • Legally constituting harassment
  • Contains personal and/or private information about another person
  • Causing harm to the individual rights or property rights of another person, including the unauthorized publication of protected content, protected trademarks and intellectual content
  • Containing petitions, requests for the signing of petitions, chain letters or advertisement of any kind
  • Calls on other users to divulge the personal information of users or to seek out such information about other users
  • Containing viruses or other destructive or damaging elements
  • Contradicting the goals of onebytezero for the use of the application, or is categorized as unacceptable for another reason

onebytezero is authorized to take action against those violating these rules and to take any action necessary to ensure compliance with these rules, including the recording of all communication within the application as well as on all other communication platforms made available by onebytezero.

onebytezero disclaims all liability for any communications directed to you from any third party; this includes but is not limited to communication resulting from a coach/client relationship, directly or indirectly in connection with GOALIFY that you may receive and any actions you may take or refrain from taking as a result of such communications.

The user is solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any such third-party communications.

onebytezero assumes no responsibility for verifying, and makes no representations or warranties regarding the identity or trustworthiness of the source or content of any such third-party communications.

8/

While onebytezero does not claim any ownership interest in user-generated content, onebytezero does need the right to use such content to the extent necessary to operate GOALIFY, either now or in the future.

Therefore, by posting or distributing content to or through GOALIFY, the user grants onebytezero, and its affiliates and subsidiaries, a non-exclusive, royalty-free, transferable, worldwide license and right to display, publicly perform, reproduce, distribute, publish, modify, adapt, create derivative works of, and otherwise use such content.

In doing so, the user represents and warrants that he owns and controls all of the rights to such user generated content.

If such user generated content is intended for the use by other users, the user agrees to grant onebytezero and its affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to sublicense such content to such users for their use in connection with their use of GOALIFY and their coach/client relationship.

9/

GOALIFY is provided on an “as is” basis. No specific outcomes have been agreed upon, and additionally, no claim has been made concerning the continuous error-free operation or uninterrupted operation. No agreement has been made concerning the dependability or accuracy of the results. No agreement has been made concerning the loss of data. It is the obligation of the user to monitor the plausibility of the results and to inform onebytezero of any related deviation. If possible, and involving a reasonable amount of labor and time, onebytezero will make efforts to remedy identified deficiencies.

No communication coming from onebytezero, whether provided verbally or in written form, will result in any liability on the part of onebytezero or the employees of onebytezero if such liability is not expressly specified in this agreement.

As the user, you understand and accept that onebytezero bears no responsibility for the following:

  • For any direct damage, indirect damages, unintentional damages or consequential damages without regard to perceived responsibility
  • This includes but is not limited to lost profits, whether direct or indirect, harm to personal or business image or reputation, data loss, costs of replacement or acquisition of alternative services along with any form of immaterial damages
  • For any decisions made that are based on reliance on the accuracy and dependability of the data provided by GOALIFY
  • For any disputes, claims, losses, injuries, or damage of any kind that may arise out of any information transmitted via GOALIFY, including but not limited to, any reliance upon any information provided by other users of GOALIFY at any time
  • For any disputes, claims, losses, injuries, or damage of any kind that may arise out of a coach/client relationship, including but not limited to, any reliance upon any information provided by a coach at any time
  • For changes made to GOALIFY for technical or development purposes
  • For the failure of the software, or aspects of the software
  • For the destruction of or damage to user data, or the failure to save data that the user has entered into the program
  • For data falsely entered by the user
  • For user issues in terms of maintaining the security and secrecy of his or her personal data and/or password

10/

The user must be at least 16 years of age and deemed legally competent. Those under 16 years of age, as well as those lacking legal competence, are only allowed to use GOALIFY under the supervision and/or guidance of their parents or other responsible parties.

11/

In order to use GOAIFY provision of certain personal information may be required as part of the registration process. The user is responsible for the accuracy and validity of this information. The user is solely responsible for the security of his or her password. onebytezero cannot be held responsible for errors and/or misuse arising from a user’s failure to keep his or her account information and/or password valid and secure.

12/

The user will use GOALIFY only via the provided interface and will not attempt to operate or disable the application through automatization. He or she will neither decode the application nor use any part of the application as a template for the creation of his or her own applications.

The user may not copy or alter GOALIFY, use it in the creation of applications, decompile, reverse engineer or otherwise extract the source code of the application or a part of the application if such has not been expressly agreed upon in writing with onebytezero.

13/

If a user makes his or her email address available to another user in order to establish contact regarding common interests or goals, then such address may only be used expressly for this purpose. In no event is content to be transmitted that infringes on the rights of others or is harassing, racist, sexist, pornographic or illegal.

14/

The user is only authorized to use GOALIFY for the personal purposes for which it has been made available. He or she may not duplicate, publish, alter or in any other way use GOALIFY, in its entirety or in part, including documentation or text, in any way that is other goes beyond personal use. The rights of use may neither be transferred nor resold.

15/

onebytezero is authorized to suspend use of GOALIFY without notice should any of these rules be violated and or in cases of actions deemed irresponsible by onebytezero. For damages arising from violation of one or more of these rules or damages that arise through actions contradicting the goals of GOALIFY, onebytezero has the right to take legal action against the responsible user or users.

16/

The user acknowledges and agrees that onebytezero owns all legal rights in terms of the content, branding, graphics and design elements of GOALIFY, whether these are legally registered or not. Without express approval, no user is permitted to use the wording, symbols, branding, logos, domain names, user interface elements or any other expressed brand features. Notice of copyright may not be removed from any documentation, materials or interfaces.

onebytezero is the exclusive rights holder for GOALIFY worldwide; these rights are not transferable and are not exclusively for the purposes described.

17/

The user retains trademark protection and all other personal rights to the data that he or she transmits via GOALIFY. Through such transmission, the user gives onebytezero the permanent, non-revocable, worldwide, free of charge and non- exclusive right to make this data public with the protection of personal rights and to use this data for marketing purposes as well as for purposes related to research into the improvement of GOALIFY. In addition, he or she gives the same permission and allows this data to be used in improving the understanding of processes related to goal formation and goal pursuit and related scientific inquiry (likewise adhering to the protection of the personal rights of the user). In order to realize these objectives, onebytezero is also permitted to pass data on to other organizations.

18/

All of the described rights and duties are transferable to any possible future rights holder of onebytezero. To the extent that onebytezero engages in cooperation with other organizations in order to improve the products and/or services offered, onebytezero is also permitted to pass data on to these organizations and to alter it in any way necessary so that it can be transmitted over various technical channels, networks and media.

19/

onebytezero retains all necessary rights to its products and services. Should violations of this copyright be found, we request that the user immediately notify us via this email address: office@onebytezero.com.

20/

GOALIFY may be used in parts, for free. If additional subscriptions are purchased by the user, the user’s benefits and additional usage rights are only accessible to the user for the duration of the subscription. If a subscription is not extended in time, before the subscription period expires, user data and features that go beyond the parts provided free of charge might be automatically deleted or deactivated at the end of the subscription period.

When purchasing subscriptions for our GOALIFY PROFESSIONAL service, our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all Goalify Professional related orders. Paddle provides the customer service inquiries and handles returns for these orders.

onebytezero cannot be held liable for any loss of data or for any resulting damage due to the enforcement of an expired subscription, or because automatically renewing subscription cannot be extended due to payment errors.

21 /

These Terms and Conditions and any separate agreements whereby onebytezero provides the contract partner shall be governed by and construed exclusively in accordance with the laws of the Republic of Austria under the exclusion of CISG and the laws of international private law. All and any litigation shall be held before the responsible court for 8010 Graz unless the contract partner is a consumer. onebytezero is however also entitled to file any action with any court competent for the contract partner.

Changes to these Terms and Conditions are required to be in writing; this also applies to deviations from this requirement of writing. There are no oral subsidiary agreements.

If individual provisions of these Terms and Conditions should be ineffective, the effectiveness of the remaining provisions shall not be affected. The ineffective provision is to be replaced with a valid provision which comes as close as possible to the sense aimed for and the economic purpose.

II / Additional Provisions for the use of GOALIFY PROFESSIONAL

The user can purchase Goalify Professional and its connected services (hereinafter referred to as GOALIFY PROFESSIONAL) as a paid add-on or get access to the functionalities of GOALIFY PROFESSIONAL through appropriate authorization. In addition to the conditions listed in point I/ General Provisions, the user agrees to the following rules by using the GOALIFY PROFESSIONAL add-on:

1/

GOALIFY PROFESSIONAL is an application for managing goals, workflows, and objectives for third parties (hereinafter referred to as CLIENTS). Specifically, it allows the user to do the following:

  • Issue invitations to a coach/client relationship
  • Define goals, workflows, reminders and related activities for these CLIENTS
  • Monitor compliance with these goals and activities
  • Record progress in adhering to the set activities
  • Compare individual progress with other CLIENTS
  • Assign CLIENTS to public challenges and groups
  • Exchange messages with CLIENTS

The user can, with appropriate licensing, invite third parties as additional coaches and thus grant access to their clients’ data.

2/

The user agrees to always clarify that Goalify Professional is solely used in his own name and that he is in no way connected to or employed by onebytezero. He also agrees to never state or imply that he has been checked, verified or otherwise qualified by onebytezero with regard to his qualification and legal authorization.

It must always be made clear to CLIENTS that onebytezero only provides GOALIFY PROFESSIONAL for technical use in accordance with the rules set out here and has no influence on the content and form.

The user agrees not to label his content as generated, verified, authorized or licensed by onebytezero or to imply that onebytezero has any influence on or control of such user generated content.

3/

The user agrees to send out invitations for a coach/client relationship or to initiate any related communication only with the express permission of the recipient via GOALIFY PROFESSIONAL.

This also applies to invitations and related communications to authorize the use of GOALIFY PROFESSIONAL as a coach.

onebytezero has a zero-tolerance policy towards unsolicited email or messages, commonly referred to as “spam”. Users may not use GOALIFY PROFESSIONAL to send commercial or other messages to any third party, within or outside of GOALIFY PROFESSIONAL, if those messages are not solicited, authorized, or welcomed by the third party.

4/

The user agrees not to create, share or manage any goals, workflows, reminders or related activities that contradict legal, ethical, religious, health or social rules.

If the user acts in a way contrary to this obligation, he can immediately be blocked from further use of the application, or a connected service, without advanced notice.

5/

The user agrees to only share client data with other CLIENTS, users of Goalify or generally any other third party with their express consent.

This also includes assigning CLIENTS to a shared goal, workflow, user group or group communication channel.

6/

The user agrees not to create, save, integrate, link or share text, images, videos, other files or any other form of content with any of the following characteristics via GOALIFY PROFESSIONAL:

  • Insulting, libelous, indecent, obscene or pornographic, aggressive, harmful, threatening, bullying, abusive, hateful, fraudulent or misleading
  • Legally constituting harassment
  • Contains personal and/or private information about another person
  • Causing harm to the individual rights or property rights of another person, including the unauthorized publication of protected content, protected trademarks and intellectual content
  • Containing petitions, requests for the signing of petitions, chain letters or advertisement of any kind
  • Calls on other users to divulge the personal information of users or to seek out such information about other users
  • Containing viruses or other destructive or damaging elements
  • Contradicting the goals of onebytezero for the use of the application, or is categorized as unacceptable for another reason

onebytezero is authorized to take action against those violating these rules and to take any action necessary to ensure compliance with these rules, including the recording of all communication within the application as well as on all other communication platforms made available by onebytezero.

7/

The user agrees not to use any terms or wording with any of the following characteristics in the interactive areas provided by GOALIFY PROFESSIONAL, which includes but is not limited to the naming and description of teams, goals, workflows, groups and documents:

  • Insulting, libelous, indecent, obscene or pornographic, aggressive, harmful, threatening, bullying, abusive, hateful, fraudulent or misleading
  • Legally constituting harassment
  • Contains personal and/or private information about another person
  • Causing harm to the individual rights or property rights of another person, including the unauthorized publication of protected content, protected trademarks and intellectual content
  • Containing petitions, requests for the signing of petitions, chain letters or advertisement of any kind
  • Calls on other users to divulge the personal information of users or to seek out such information about other users
  • Containing viruses or other destructive or damaging elements
  • Contradicting the goals of onebytezero for the use of the application, or is categorized as unacceptable for another reason

onebytezero is authorized to take action against those violating these rules and to take any action necessary to ensure compliance with these rules.

8/

Content generated or uploaded by the user via GOALIFY PROFESSIONAL are to be regarded as publicly accessible.

GOALIFY PROFESSIONAL only assigns these text, documents, links, photos and files unique keys and access links, but in no way protects access from unknown third parties through personal authentication, passwords or other secure authorization systems.

onebytezero and its employees assume no liability whatsoever for the publication of information that results from the use of GOALIFY PROFESSIONAL.

9/

While onebytezero does not claim any ownership interest in the user generated content, onebytezero does need the right to use such content to the extent necessary to operate GOALIFY PROFESSIONAL, now and in the future.

Therefore, by posting or distributing content to or through GOALIFY PROFESSIONAL, the user grants onebytezero, and its affiliates and subsidiaries, a non-exclusive, royalty-free, transferable, worldwide license and right to display, publicly perform, reproduce, distribute, publish, modify, adapt, create derivative works of, and otherwise use such content.

In doing so, the user represents and warrants that he owns and controls all of the rights to such user generated content.

If such user generated content is intended for the use by other users, the user agrees to grant onebytezero and its affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to sublicense such content to such users for their use in connection with their use of Goalify and their coach/client relationship.

10/

If the user requests an individual GOALIFY PROFESSIONAL subdomain, the user agrees to request a term or term combination that can be clearly assigned to the name of the user or a related legal entity, product or brand name.

The user agrees not to request a term or a combination of terms, which:

  • Can be assigned to a brand or a company to which the user is not connected or does not have express, written permission to use it
  • Imitates the terms of GOALIFY PROFESSIONAL subdomains, such as but not limited to “app.goalifyapp.com“
  • Are broad in scope, such as but not limited to “coaching”, “goals” and “habits”
  • Are offensive, defamatory, indecent, obscene or pornographic, aggressive, hurtful, threatening, bullying, abusive, hateful, fraudulent or misleading
  • Legally constitute harassment
  • Contains personal and/or private information about another person
  • Cause harm to the individual rights or property rights of another person or entity

Applications for an individual GOALIFY PROFESSIONAL subdomain are individually reviewed and approved by onebytezero and its employees.

onebytezero is authorized to take action against those violating these rules and to take any action necessary to ensure compliance with these rules even after prior review and approval, and to take all measures to ensure compliance with these rules, including the recording of all requests made.

11/

The user agrees to comply with applicable data protection regulations and applicable laws of his CLIENTS.

The user agrees to only store, process, broadcast or otherwise use a client’s data with the express consent of this client outside of GOALIFY PROFESSIONAL.

onebytezero is authorized to take action against those violating these rules and to take any action necessary to ensure compliance with these rules and to ensure the protection of the individual and personal data protection rights of CLIENTS.

The user agrees to indemnify, defend, and hold harmless onebytezero from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation or breach by you or arising from or related to your use or misuse of CLIENT information.

III/

By using GOALIFY, the user expressly agrees to this user agreement and to our Data Privacy Stipulations.

We like to hear from GOALIFY users! Do not hesitate to contact us with questions or comments as well as any concerns you have concerning the security of your data: hello@onebytezero.com.

Graz, March 2020

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