Terms of Service

Effective date:

Last updated:

These Terms of Service ("Terms") govern your access to and use of the website at https://www.gohvio.io and any related products, software, applications, integrations, or services (collectively, the "Service") offered by Gohvio, Inc. ("Gohvio," "we," "us," or "our").

By accessing or using the Service, you ("you" or "Customer") agree to be bound by these Terms and our Privacy Policy. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization, and "you" refers to both you individually and that organization.

If you do not agree to these Terms, do not access or use the Service.

1. Eligibility

You must be at least 18 years old and able to form a legally binding contract to use the Service. The Service is intended for business use only and not for personal, family, or household purposes.

2. Accounts

You may need to create an account to use certain features. You agree to provide accurate, current, and complete information and to keep it updated. You are responsible for safeguarding your account credentials and for all activity that occurs under your account. Notify us promptly at [email protected] if you suspect unauthorized access.

3. Early Access

The Service is currently offered on an early-access basis. Features may change, break, or be removed at any time. The Service is provided to early access users free of charge unless we expressly agree otherwise in writing, and is offered "AS IS" without warranties (see Section 11). We may end the early access program at any time.

4. Acceptable Use

You agree not to, and not to enable any third party to:

  • Use the Service in violation of any applicable law, regulation, or third-party right.
  • Upload, transmit, or store unlawful, infringing, defamatory, harassing, deceptive, or otherwise harmful content.
  • Attempt to gain unauthorized access to the Service, other users' accounts, or any systems or networks connected to the Service.
  • Interfere with or disrupt the integrity, security, or performance of the Service (e.g., by introducing malware, conducting load tests without permission, or scraping at high volume).
  • Reverse engineer, decompile, or disassemble the Service, or attempt to derive its source code or underlying technology, except to the extent applicable law prohibits this restriction.
  • Resell, sublicense, or commercially exploit the Service without our prior written consent.
  • Use the Service to develop or train a product or model that competes with Gohvio.

5. Customer Data and Connected Integrations

Customer Data means data or content that you or your authorized users upload, submit, transmit, or otherwise make available through the Service, including data accessed from systems you connect (e.g., HubSpot).

As between you and Gohvio, you own your Customer Data. You grant Gohvio a worldwide, non-exclusive, royalty-free license to host, copy, transmit, display, process, and otherwise use Customer Data solely as necessary to (a) provide and improve the Service, (b) prevent or address security or technical issues, (c) comply with legal obligations, and (d) as otherwise permitted in these Terms or our Privacy Policy.

You represent and warrant that you have all rights, consents, and authority necessary to provide Customer Data to Gohvio and to grant the license above.

No AI training on Customer Data. Gohvio does not use Customer Data to train third-party generative AI models. Where AI providers process Customer Data on our behalf, they do so under contractual terms prohibiting training on your data.

6. Third-Party Services and Integrations

The Service may interoperate with third-party products and services (such as HubSpot). Your use of those third-party services is governed by their own terms and privacy policies. We are not responsible for any third-party service, and your enabling or use of them is at your own risk.

7. Fees

During early access, the Service is provided free of charge unless we agree otherwise in writing. If we introduce paid plans in the future, we will provide notice and the terms applicable to those plans will be set out separately or in an order form.

8. Intellectual Property

The Service, including all software, content, features, design, trademarks, and other materials (excluding Customer Data), is owned by Gohvio or its licensors and is protected by intellectual property and other laws. Subject to your compliance with these Terms, Gohvio grants you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Service for your internal business purposes during the term.

Gohvio reserves all rights not expressly granted in these Terms. No rights are granted by implication, estoppel, or otherwise.

9. Feedback

If you provide feedback, suggestions, or ideas about the Service ("Feedback"), you grant Gohvio a perpetual, irrevocable, worldwide, royalty-free, fully paid-up license to use and incorporate the Feedback in any manner, without obligation or compensation to you.

10. Confidentiality

Each party may have access to non-public information of the other party ("Confidential Information"). Each party agrees to (a) use the other's Confidential Information only as needed to exercise rights or perform obligations under these Terms, and (b) protect it using reasonable care. Confidential Information does not include information that is publicly available, independently developed, or rightfully received from a third party without confidentiality obligations.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, GOHVIO DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Gohvio does not warrant that the Service will be uninterrupted, error-free, secure, or that any data or insights will be accurate, complete, or reliable. You use the Service at your own risk.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL GOHVIO OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

GOHVIO'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU ACTUALLY PAID TO GOHVIO IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100).

Some jurisdictions do not allow certain limitations of liability, so portions of this section may not apply to you.

13. Indemnification

You will defend, indemnify, and hold harmless Gohvio and its affiliates, officers, directors, employees, and agents from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your Customer Data, (b) your use of the Service in violation of these Terms or applicable law, or (c) your violation of any third-party rights.

14. Term and Termination

These Terms apply from the date you first access the Service and continue until terminated. You may stop using the Service at any time. We may suspend or terminate your access at any time, with or without notice, including if we believe you have violated these Terms or if we discontinue the Service.

Upon termination, your right to use the Service ceases immediately. Sections that by their nature should survive termination (including ownership, disclaimers, limitations of liability, indemnification, and dispute resolution) will survive.

15. Modifications to the Service and Terms

We may modify the Service at any time. We may also update these Terms from time to time. If we make material changes, we will provide reasonable notice (e.g., by email or via the Service) before the changes take effect. Your continued use of the Service after changes become effective constitutes acceptance of the updated Terms.

16. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws rules. The parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Delaware for any dispute arising out of or related to these Terms or the Service, except that either party may seek injunctive or equitable relief in any court of competent jurisdiction.

17. General

Entire Agreement. These Terms, together with the Privacy Policy and any other agreement expressly referenced, constitute the entire agreement between you and Gohvio.

Severability. If any provision is held invalid or unenforceable, the remaining provisions will remain in full force and effect.

No Waiver. A failure to enforce any provision is not a waiver of that or any other provision.

Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

Force Majeure. Neither party is liable for delays or failures due to causes beyond its reasonable control.

Notices. We may provide notices via email, the Service, or by posting on the Site. Notices to Gohvio should be sent to [email protected].

18. Contact

Gohvio, Inc.
Email: [email protected]
Website: https://www.gohvio.io