Terms & Conditions

This Terms & Conditions Agreement ("General Terms") is made by and between Good Systems Inc., a private limited company with its registered office at 103 Foulk Road, Suite 202, Wilmington, DE 19803 ("we", "our", "us", or "Good Systems"), and you, the user ("you", "your" or "User").

These General Terms contain the complete terms and conditions that govern the use of the Good Systems Services which includes Good Systems applications (including Good Systems iOS, Windows, Web and Android applications), Good Systems Account and other software, features or content provided by us and any other products or services that link to these General Terms, as well as all functionality that Good Systems makes available (collectively, "Good Systems Services"). Certain features of the Good Systems Services may be subject to additional guidelines, terms, conditions or rules, which will be posted on the Good Systems Services or otherwise made available to you in connection with such features. All such applicable additional terms, guidelines, conditions and rules, are incorporated by reference into these General Terms.

BY CLICKING THE "I AGREE" BUTTON BELOW OR BY ACCESSING, VISITING, BROWSING, USING, OR ATTEMPTING TO INTERACT WITH OR USE ANY PART OF THE GOOD SYSTEMS SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE GENERAL TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE GENERAL TERMS, YOU MAY NOT ACCESS OR USE THE GOOD SYSTEMS SERVICES.

THE MOST CURRENT VERSION OF THESE GENERAL TERMS CAN BE REVIEWED BY GOING TO https://www.goodsystems.com/terms-and-conditions

About these General Terms

The purpose of these General Terms is to define the terms and conditions on which we shall provide access to the Good Systems Services and allow you to use the various features and functionalities of the Good Systems Services.

Your use of the Good Systems Services

The scope, features and functionalities of each Good Systems Service available to you will be specified in the applicable service description for the relevant Good Systems Service (each, a "Service Description"), which will be made available to you prior to your purchase and/or use of or registration for the relevant Good Systems Service. Each Service Description applies only to the Good Systems Service it identifies. The Service Description forms an integral part of these General Terms and, together with any additional terms referenced therein, governs your use of the relevant Good Systems Service.

Certain Good Systems Services may be accessible without the creation of an account ("Unregistered User"), while other Good Systems Services may only be accessible to users who have created a Good Systems account in accordance with Section 4. ("Registered User"). The scope of features and functionalities available to Unregistered Users and Registered Users, respectively, may differ and will be specified in the applicable Service Description for the relevant Good Systems Service. They may change over time.
Certain Good Systems Services may be available free of charge, while other Good Systems Services, or certain features or functionalities thereof, may only be available subject to payment of the applicable fees as set out in Section 9. The scope of features and functionalities available under free and paid-for Good Systems Services, respectively, may differ and will be specified in the applicable Service Description for the relevant Good Systems Service. They may change over time.
We may from time to time introduce new Good Systems Services, discontinue existing Good Systems Services, or modify, update or enhance the features and functionalities of any Good Systems Service, in each case in accordance with Section 17. Where we introduce a new Good Systems Service or materially modify the features and functionalities of an existing Good Systems Service, we will make an updated Service Description available to you prior to your first access to or continued use of the relevant Good Systems Service.
The availability of the Good Systems Services, and the features and functionalities thereof, may vary depending on the App Distribution Platform, device, operating system, or geographic region. We do not warrant that any particular Good Systems Service, or any specific feature or functionality thereof, will be available on all App Distribution Platforms, devices, operating systems or in all geographic regions.

System Requirements and Data Charges

Use of the Good Systems Services requires compatible devices, Internet access, and certain software. The required device and, where applicable, details of the minimum memory and operating system required to use the Good Systems Services will be provided in the Service Description of the relevant Good Systems Service and/or by the relevant App Distribution Platform.
You may access certain Good Systems Services through a mobile network or roaming providers' networks and standard messaging, data, and other fees may be charged by the provider to access the Good Systems Services. We are not responsible for any charges you incur from your telecommunications carrier as a result of your use of the Good Systems Services.

Registration and Profile Creation

To access some of the Good Systems Services and or certain functionalities within the Good Systems Services you may need to create a Good Systems Account. Please note that Good Systems may use the Goodnotes Account ("GNA") infrastructure, which is operated by Goodnotes Limited (a separate legal entity), for user authentication and account management purposes. Unless expressly stated otherwise, suspension or termination of your access to Good Systems Services or your Good Systems Account does not automatically suspend or terminate a separate Goodnotes Limited service or GNA. Goodnotes Limited may independently take action concerning a GNA in accordance with its own terms.
The relationship between your GNA and your Good Systems Account as well as any data processed through or in connection with the creation and use of your Good Systems Account is described in our Privacy Policy.
You must be at least 16 years old to create a Good Systems Account or use the Good Systems Services. The Good Systems Services are not directed to children under 16, and a parent or guardian may not create an account for a child under 16 unless Good Systems expressly makes a child-eligible Service available under separate terms.
It is your responsibility to treat your account registration and login information relating to the relevant Good Systems Services as confidential. You must not share your account registration or login information with anyone, and you must protect the security of your account registration and login information. You are responsible for any activity associated with your Good Systems Account. This also applies if you use special password functions, in particular password protection within Good Systems Services. In this respect, we also refer to the corresponding App Distribution Platform's terms and conditions for the use of this service. In case you lose your login information you may no longer be able to access your User Content. Good Systems is not responsible for any use or misuse of your login information (and resulting access to the Good Systems Services) arising from your failure to keep your login information safe and confidential, and we may act on any instructions given using your login information. If you know or suspect that anyone other than you knows your login information, please change your login information and notify us immediately.
We may disable or suspend your access to the Good Systems Account or any other Good Systems Services independently of any GNA account you hold. Any such action is limited solely to your access to Good Systems Services and does not affect any GNA or your relationship with Goodnotes Limited or any of our other affiliates unless they decide to take similar measures. We may disable or suspend your access to the Good Systems Account or any other Good Systems Services if we reasonably suspect that:
1. an unauthorised person is using your login information until you can reclaim ownership;
2. you have disclosed your login information to a third party in breach of these General Terms, or
3. none payment of any fees or other sums due to Good Systems.

Restrictions on how you use the Good Systems Services

When you use the Good Systems Services you must not and must not attempt to:
1. do anything that is in breach of these General Terms or misuse any reporting, flagging, complaint or dispute resolution process including making groundless, vexatious or frivolous submissions; jeopardise, breach or otherwise circumvent any security or authentication measures;
2. access, tamper with, or use non-public areas or parts of the Good Systems Services;
3. decompile, decode, reverse engineer, disassemble, or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Good Systems Services;
4. download, reproduce, modify, capture, transfer, publish, translate, redistribute, license, sell or otherwise exploit for any purpose, adapt, alter or create derivative works of, any content provided through the Good Systems Services directly, indirectly or by other Users;
5. interfere with or disrupt any user, host, or network, for example by sending a virus, malware, overloading, flooding, spamming, or mail-bombing any part of the Good Systems Services;
6. sublicense, sell, rent, lease, transfer, distribute, or use the Good Systems Services for time sharing or service bureau purposes or otherwise for the benefit of a third party;
7. access, search, or create accounts for the Good Systems Services by any means other than our publicly supported interfaces (for example, "scraping" or creating accounts in bulk);
8. access the Good Systems Services using any automated means (such as robots, spiders, botnets or scrapers), including to access and scrape data and content from the Good Systems Services or other manual or automatic device or process to retrieve, index, data mine, or in any way reproduce or circumvent the navigational structure or presentation of the Good Systems Services;
9. access or use the Good Systems Services in any manner, including in regards to data storage, in excess of any fair usage limits as determined by Good Systems;
10. violate any applicable law, Third Party Rights and our rights when using Good Systems AI Features;
11. send unsolicited communications, promotions or advertisements, or spam;
12. send altered, deceptive or false source-identifying information, including "spoofing" or "phishing";
13. promote or advertise products or services without appropriate authorization;
14. abuse referrals or promotions;
15. harass, abuse, harm, stalk, threaten or otherwise offend others;
16. store, input, publish or share content that is pornographic or indecent, or that contains extreme acts of violence or terrorist activity, including terror propaganda;
17. store, input publish or share material that is fraudulent, defamatory, misleading or constitutes misinformation or disinformation;
18. advocate bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual orientation, disability, or impairment;
19. impersonate any person or entity, or otherwise manipulate or forge headers or identifiers to disguise the origin of content;
20. harvest or otherwise collect information about others, including contact information, e-mail addresses, financial information or other personally identifying information, without their prior express consent in each instance;
21. falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissibly uploaded (e.g., copyright, trade mark or patent notices);
22. advertise any commercial endeavour (e.g., offering for sale products or services) or otherwise engage in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorised on the Good Systems Services;
23. carry out any activity that amounts to a pyramid or other like scheme, including without limitation contests,
24. solicit money, passwords or personal information from any person;
25. upload or share any content that infringes or violates (or could reasonably be expected to violate or infringe) the intellectual property rights of any person;
26. violate the privacy or infringe the rights of others or exploit them in any way;
27. mislead any person that the response ("Output") generated by Good Systems AI Features was solely human-generated;
28. generate spam or content for dissemination when using Good Systems AI Features;
29. promote or provide information about unlawful activities or conduct; or
30. use the Good Systems Services for benchmarking purposes, as a competitor, or for any illegal purpose.
While Good Systems explicitly prohibits the above conduct, you may, despite our best efforts, be exposed to such conduct and content. Your use of the Good Systems Services is entirely at your own risk.

User Content – Your Rights and Responsibilities

User Content and Feedback: When using Good Systems Services you may upload, display or input your User Content on or through Good Systems Services. Your content submissions may contain text, audio, graphics, data, information, photos, images, videos, recordings, transcripts and illustrations, and you may voluntarily submit Feedback, such as any ideas, know-how, algorithms, code contributions, suggestions, enhancement requests, recommendations or any other feedback (collectively, "Feedback") on the Good Systems Services (all being known as and referred to as "User Content").
Rights on User Content: You own all applicable intellectual property rights, including copyright and rights in confidential information or trade secrets, in your User Content.
Limited Service Licence: You grant Good Systems, its affiliates and service providers a non-exclusive, worldwide, royalty-free licence to host, process, reproduce, transmit, format, encrypt, store, synchronize, translate and create derivative works of the User Content solely to the extent strictly necessary to:
1. provide, maintain, secure and support the relevant Good Systems Service you select;
2. carry out your instructions;
3. prevent fraud, abuse and security incidents;
4. comply with applicable law and valid legal process; and
5. enforce these Terms.
This licence does not include the right to use User Content for any purposes beyond those listed above. Good Systems will not use User Content for the training of artificial intelligence models except as described in Section 8.4 and following a separate affirmative opt-in.

This licence continues until your deletion of the relevant User Content or the termination of your use of the relevant Good Systems Service, whichever occurs first, and thereafter only to the extent and for the duration strictly required by: (i) applicable statutory retention obligations; (ii) ongoing backup or disaster recovery processes; or (iii) pending legal or regulatory proceedings, until their final resolution.
Rights to User Content and Third Party Rights: You represent and warrant to us and agree that (a) you own all right, title, and interest in and to your User Content, or otherwise possess all rights, licences, permissions, authorisations, and consents necessary to collect, create, record, upload, input, submit, store, process, use, disclose, share, display, and otherwise make such User Content available through the Good Systems Services; (b) you will provide all necessary notices and disclosures to, and obtain and maintain all licences, permissions, authorisations, and consents from each person or entity required by applicable law or agreement in connection with your User Content and your use of the Good Systems Services; and (c) any of your User Content does not infringe or violate any of the copyright, patent, trade mark, trade name, trade secrets or any other intellectual property, privacy, personal or proprietary rights of any third party ("Third Party Rights"). You shall be solely responsible, accountable and liable for any claims and other legal consequences arising from your failure to give all notices and disclosures to third parties and for obtaining all third party licences, permissions, authorisations, and consents necessary for or in connection with your use of the Good Systems Services.
Regulated Information: The Services are not designed for:
1. protected health information regulated by the Health Insurance Portability and Accountability Act of 1996 (HIPAA);
2. payment-card data subject to payment-card industry requirements;
3. usernames, passwords, access codes or other account-authentication credentials;
4. information subject to specialized government security requirements; or
5. other information that Good Systems may process only under a specialized regulatory or contractual framework.
You must not use the Services for information of this kind where doing so would require Good Systems to enter into a business associate agreement, payment-card agreement, or similar specialized arrangement, unless Good Systems has expressly agreed to do so in writing.

For the avoidance of doubt, these General Terms do not constitute a HIPAA business associate agreement. Good Systems does not undertake to identify, redact or remove sensitive or regulated information that you or another participant includes in a recording or other User Content.
Responsibility for User Content: We do not endorse, edit, verify, actively monitor, moderate, or otherwise certify User Content created, stored, uploaded, inputted, submitted, posted, shared or displayed by any user of the Good Systems Services. You are solely responsible for, and may be held legally liable or accountable for, the User Content you create, store, upload, input, submit, post, share or display through the Good Systems Services. As such, you agree that we are not responsible, and shall have no liability to you or anyone else for any User Content or other material transmitted through the Good Systems Services, including infringing, fraudulent, untrue, misleading, inaccurate, defamatory, offensive, unlawful or illicit material and that the risk of damage from such User Content or other material rests entirely with you. We are not responsible and shall have no liability to you or anyone else for any act or omission of any user of the Good Systems Services.
Reservation of rights: Notwithstanding the previous provision, we reserve the right in our reasonable discretion to remove, disable access to, modify or reject any User Content that you create, store, upload, submit to, post, share or display through the Good Systems Services which we reasonably believe is unlawful, breaches these General Terms, is an abuse of the Good Systems Services, could subject us or our affiliates to liability, or is otherwise found inappropriate in our sole discretion. In the event of severe or repeated infringements by the same user, we also reserve the right to terminate the user's account at our own discretion.

Additional Good Systems Services and optional features

The Good Systems Services that you are entitled to use will be determined by the App Distribution Platform you use to download the relevant Good Systems Services, as well as which features of the Good Systems Services you sign up for. At the point of registration or at any stage once you have registered, you may register for or purchase additional premium features by registering for or purchasing the relevant feature and, where applicable, paying the relevant charge. We will notify you about any relevant additional charge at the point of purchase, as well as any additional terms that apply to your use of that feature.
The Good Systems Services can be extended by additional features as we may offer from time to time. Such additional features may be subject to payment of an additional charge and/or to additional or specific terms. Additional terms for some of the additional features which we may offer depending on the relevant Good Systems Service are set out below.
1. Beta version: We may ask you to participate in open or closed testing beta phases for new Good Systems Services whose development is not yet fully completed ("Beta"). Features provided as part of a Beta may display errors or may not be fully stable. Their use is at your own risk. Good Systems reserves the right to make Good Systems Beta services available or to deactivate such services at its own discretion. You may provide Feedback on such services and your Feedback can help us improve the Good Systems Services. If you choose to give us any Feedback, you acknowledge and agree that Good Systems will have a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual licence to implement, use, modify, commercially exploit and/or incorporate the Feedback into the Good Systems Services.
2. Good Systems Cloud Services: Certain Good Systems Services may include or offer access to cloud services, such as cloud storage, cloud backup, cloud synchronisation or other cloud-enabled capabilities ("Good Systems Cloud Services"). Your use of Good Systems Cloud Services will be subject to these General Terms and in particular the restrictions in Section 5.
3. Good Systems AI Features: Certain Good Systems Services may incorporate or utilise artificial intelligence or machine learning models, whether operation on-device, via cloud-based infrastructure or through a combination of both, to enable specific additional features or functionalities within those Good Systems Services ("Good Systems AI Features"). Good Systems AI Features are supplementary to the core functionality of the relevant Good Systems Service and are intended to support you in using these Services (e.g. virtual assistant functions). The applicable service description for the relevant Good Systems Service will specify whether and to what extent it may incorporate or utilise Good Systems AI Features. Your use of Good Systems AI Features will be subject to these General Terms and in particular the restrictions in Sections 5 and 8.
4. Experimental Features: We may allow you to use Experimental Features from time to time. Experimental Features include features that are not yet fully developed and for which the design has not yet been finalized. Good Systems may decide whether Experimental Features are made available to all or some users for testing purposes, to provide Feedback in accordance with Section 7.2.1 and/or for other purposes. Good Systems reserves the right to make Experimental Features available or to deactivate such features at its own discretion. Your use of Experimental Features will be subject to these General Terms and in particular the use restrictions set out in Section 5, including that your use must comply with Good Systems fair usage requirements.

Good Systems AI Services – specific terms

Scope and Definitions: These specific terms apply to your use of (a) any Good Systems Service whose core functionality is based on or primarily relies on artificial intelligence or machine learning models, whether operating on-device, via cloud-based infrastructure or through a combination of both ("AI-Based Service"), and (b) any additional Good Systems AI Feature as defined in Section 7.2.3 (together, "Good Systems AI Services"). The applicable Service Description for each Good Systems Service will specify whether and to what extent it constitutes a Good Systems AI Service.
Responsibility: You are responsible for how you use Good Systems AI Services, and that your use of the Good Systems AI Services does not violate the intellectual property rights of others or violate the restrictions set out in Section 5.
Input and Output: You may be allowed to submit text, documents, photos, images, illustrations, audio, video, recordings or other materials and content to Good Systems AI Services for processing ("Input"). Good Systems AI Services may then generate a response based on your Input ("Output", Output together with Input: "Information").
Rights to Input: You are responsible for all your Input you submit to or use in Good Systems AI Services as set out in Section 6. You are specifically responsible for ensuring that your Input and the manner in which it was obtained does not violate any third-party rights or applicable laws. We may ask for your consent to use your Input to train the artificial intelligence models used for or in the provision of Good Systems AI Services to improve its performance. By giving such consent, which is in your sole discretion, you grant us a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, and sub-licensable licence to access, host, cache, store, transmit, reproduce, distribute, modify, duplicate, adapt, translate and create derivative works of your Input to the extent required for the purpose of such training. To the extent required for such training, such right of use also applies to the benefit of the providers of Third-Party Services which we may use in the provision of Good Systems AI Services.
Reliability of Output: Artificial intelligence technology is inherently not fully reliable nor accurate and its results are not predictable, and thus Output generated by Good Systems AI Services may not be as intended. We assume no responsibility for the Output. No obligations arise from Output of Good Systems AI Services. Furthermore, no individual agreements are made through communication or interaction with Good Systems AI Services. Any reliance you place on the Output provided by Good Systems AI Services is at your own risk. In this respect, you have a duty of care to independently review all the Information you submit and/or use, respectively, and to check its compliance with these General Terms. In particular you acknowledge the following:
- Output may not always be accurate and may contain material inaccuracies even if they appear accurate because of their level of detail or specificity.
- You should not rely on any Output without independently confirming their accuracy.
- Output may not reflect correct, current, or complete information.
- Output may contain content that is inconsistent with Good Systems' views.
Third-Party Services and Third-Party Output: Good Systems AI Services may include or rely on third-party software, products, models or services ("Third-Party Services"). In particular, Good Systems may rely on third party tools for the operation and provision of Good Systems AI Services and Output may include content that was generated or otherwise provided by or using these services ("Third-Party Output"). Good Systems makes no representation or warranties concerning any Third-Party Services or Third-Party Output. In this case we do not control or accept responsibility for any loss or damage that may arise from your use of any such third-party content, service or integration.
Fair Usage Requirements: Your use of Good Systems AI Services must comply with Good Systems fair usage requirements. You acknowledge and agree that if you exceed the fair usage requirements, we may reduce or turn off the performance of the Good Systems AI Services. For further information, see our pricing page and the applicable Service Description. Notwithstanding this section and in accordance with the provisions of Section 17, we shall be entitled to reflect, change or update the Good Systems AI Services fair usage requirements at any time.
Indemnification: You agree to defend, indemnify and hold harmless Good Systems and its affiliates and their respective directors, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of your non-compliant use of Good Systems AI Services. Good Systems reserves the right to assume the exclusive defence of any claim for which we are entitled to indemnification under this section. In such event, you shall assist Good Systems to the extent reasonably requested by Good Systems.

Terms in relation to certain services and payment

Certain Good Systems Services will only be available to you at a charge by Good Systems.

Such charge is a recurring subscription fee that you will be required to pay on a periodic basis (such as monthly or annually), as specified at the point of purchase) in order to continue to use the relevant Good Systems Services. The subscription will renew automatically unless otherwise agreed and/or you cancel the recurring subscription before the next successive renewal period. If you choose not to cancel your recurring subscription, your subscription will automatically renew at a subscription fee in effect at the then-current rate. Where Good Systems intends to change the subscription fee applicable to a recurring subscription, Good Systems will notify you of the proposed change by email or through the Good Systems Services no later than thirty (30) days before the commencement of the price increase. The proposed price change will only become effective if you expressly consent to it prior to the commencement of the price increase. If you do not consent to the proposed price change within the notice period, you will not be charged the new subscription fee and Good Systems shall be entitled to terminate the relevant subscription agreement with effect from the end of the then-current subscription period by giving you written notice. In the event of such termination, you will retain access to the relevant Good Systems Service until the end of the then-current subscription period and will not be charged any additional fees.

Discontinued pricing models that were offered at the time of the purchase of the relevant Good Systems Service will remain applicable to such purchase for its duration or for as long as Good Systems supports that version of the relevant Good Systems Service, whichever ends earlier.
Good Systems may also offer certain Good Systems Services under alternative payment models (such as one-time purchase), as may be specified at the point of purchase. The applicable terms and conditions of any such alternative payment model will be communicated to you at the point of purchase.
Where you register for or purchase a particular Good Systems Service, we will notify you about the details of the subscription and the related charges at the point of purchase.
Refund: Where you have paid for any part of the Good Systems Services, you may be entitled to a refund if:
1. you have exercised your statutory right of withdrawal from those Good Systems Services within a period of fourteen (14) days (or any other time period required by applicable law) starting from the date you subscribe to use the relevant Good Systems Services; or
2. the App Distribution Platform's terms provide that in the circumstances you are entitled to a refund, in which case the App Distribution Platform will be responsible for processing such refund.

Data protection

Our use of your personal data in connection with the Good Systems Services is subject to our Privacy Policy.
You agree to comply with all applicable laws relating to data privacy including but not limited to collection, processing, use, retention, disclosure and transfer of personal data in connection with your use of the Good Systems Services.

Intellectual property rights

Apart from your User Content, we or an affiliate own and retain all intellectual property rights in the Good Systems Services and the material published on it, including, among other things, all trademarks, logos, copyright works, service marks and service names, and all other elements related thereto, whether they are registered or not. These various intellectual property rights, whether registered or unregistered are protected by, among other things, intellectual property laws and treaties around the world. We reserve all such rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on or within the Good Systems Services, including copyright, trademark and other intellectual property notices. All rights not expressly granted by Good Systems are reserved.
Our status (and that of any contributors identified on the Good Systems Services) must be acknowledged. You must not in any way use any part of the materials provided through the Good Systems Services for commercial purposes without obtaining a licence from us or the author to do so.
You agree that the rights in these paragraphs will survive any termination of your account(s) or of the Good Systems Services.

Accuracy of information and availability of the Good Systems Services

While we try to make sure that the Good Systems Services are accurate, we cannot guarantee that they will be. Any reliance that you may place on the information on or operation of the Good Systems Services is at your own risk. To the fullest extent permitted by law, we, our affiliates, suppliers, resellers and distributors make no warranties, either expressed or implied, about the Good Systems Services. The provisions in clause 12.2. and 12.3. shall remain unaffected by this clause.
Free Good Systems Services: The Good Systems Services are provided "as is". While we try to make sure that the Good Systems Services are up-to-date and free from bugs and viruses, we cannot guarantee that they will be. Further, we will try to make sure that the Good Systems Services are available for your use, we do not promise that the Good Systems Services are available at all times nor do we promise that your use of the Good Systems Services will be uninterrupted. You are responsible for backing up, to your own computer or any other device, any important documents, images or other User Content that you store via the Good Systems Services. Good Systems makes no representation or warranties concerning any third party product, service or website linked from the Good Systems Services. This Clause 12.2 shall not apply where you provide, or undertake to provide, your personal data to us in connection with your use of the Good Systems Services and we process such personal data for purposes beyond the performance of our contractual obligations or compliance with applicable legal requirements – in which case Clause 12.3 shall apply accordingly. For further information on how we process your personal data, we refer to our Privacy Policy.
Paid-for Good Systems Services: Insofar as explicit agreements on the characteristics of the Good Systems Services have been concluded between you and Good Systems, these shall apply. Otherwise, the statutory provisions apply.

Third Party Content and Infrastructure

The Good Systems Services may contain hyperlinks or references to third party websites other than websites operated by Good Systems. Any such hyperlinks or references are provided for your convenience only. The display of any hyperlink and reference to any third party websites does not mean that we endorse that third party's website, products or services. Your use of a third party website may be governed by the terms and conditions of that third party website. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them, with the exception of damages resulting from injury to life, body or health caused by us or damages resulting from our gross negligence.

Security

Good Systems reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Good Systems to disclose the identity of any user believed to have violated these General Terms.

Liability for Damages

We are liable for intent and gross negligence. We are liable for slight negligence only in the event of a breach of an essential contractual obligation, i.e., obligations the fulfilment of which is essential for the proper execution of the contract and on the observance of which you may regularly rely (cardinal obligation), or in the event of damages arising from injury to life, limb or health. In the event of a slightly negligent breach of cardinal obligations, our liability shall be limited to the amount of the typically foreseeable damage at the time of conclusion of the contract. The same applies to breaches of duty by our legal representatives or vicarious agents. Any statutory strict liability (e.g. mandatory product liability) or statutory liability in respect of guarantees remains unaffected.

Termination and Suspension

Notwithstanding your right to cancel a recurring subscription pursuant to Section 9.1., you may stop using the Good Systems Services at any time you wish. In particular, if you do not agree with or accept any of these General Terms (or updates to them), you should stop using the Good Systems Services immediately, and such discontinuation of your use of the Good Systems Services shall constitute your only remedy.
We reserve the right to terminate our contractual agreement with you at any time for serious cause. In this case, we reserve the right to suspend or terminate your access to the Good Systems Services immediately. Serious cause includes (but is not limited to):
1. you are in breach or violation of these General Terms. Good Systems will determine, in its reasonable discretion, whether you are in violation of any restriction within these General Terms;
2. you use the Good Systems Services in a manner which would cause a risk of harm or loss to us or others;
3. if any third party providers whose software or services we require to provide the Good Systems Services suspend or terminate the provision of their software or services to us;
4. if you infringe any Third Party Rights or are repeatedly alleged to have infringed Third Party Rights;
5. if your account is inactive, has not been used or is dormant for more than a two-year period following the termination of your recurring subscription fee that is payable annually to use Good Systems Services; or
6. if you failed to pay your recurring subscription fee to use Good Systems Services.
If your account has not been used or is dormant for more than a two-year period following your purchase of a one-off fee to use Goodnotes Services, we will assume your Goodnotes account is inactive and will close it for you.
Following the lapse of the two-year period according to Section 16.2.5 and 16.3, any data stored by you in Good Systems Cloud Services will be deleted. We will send you reminders before doing so to give you the opportunity to download and backup your data before it is deleted or to renew your subscription. Any data stored locally on your device or in Third Party Cloud Services (e.g. Apple iCloud) will not be altered or deleted.
If you use the Free Good Systems Services, we reserve the right to suspend or terminate your access for any other reason or no reason, provided that if we do so, we will give you not less than one week's notice before doing so, unless we decide in our sole discretion it would be impractical, would violate another person's interests, is illegal or otherwise harmful to Good Systems to provide this notice.

Changes to the Good Systems Services

We are always aiming to improve the Good Systems Services, so they may change over time. As part of this continuous evolution, we may decide to discontinue the Good Systems Services for any reason that makes this appear reasonable in view of your interests and – in case you use the Free Good Systems Services – even without reason, or we may introduce new features or restrict access to certain features. If the changes are significant changes, in particular changes to the rules on the content permitted on the Good Systems Services or changes that could directly affect your ability to use the Good Systems Services, we will inform you in advance of the intended changes. Also for other changes we will endeavour to give you reasonable prior notice of us doing so, although such notice may not be possible if the change is due to unforeseen circumstances beyond our control or due to the need to comply with a legal requirement.
If you have paid a one-off fee to use a Good Systems Service under a discontinued pricing model which provided for this type of fee, provided your access to that Good Systems Service has not been terminated in accordance with Section 16 above, we will provide you with access to that Good Systems Service until we discontinue it in accordance with this Section 17.

Additional provisions

We may transfer our rights and obligations under these General Terms to another organisation. We will always tell you in writing (including email) if this happens and we will ensure that the transfer will not affect your rights under these General Terms.
The contract incorporating these General Terms is between you and us. There are no third party beneficiaries to these General Terms (unless explicitly stated herein), and no other person shall have any rights to enforce any of these General Terms.
If, for any reason, we fail to enforce any provision of these General Terms, this will not affect our right to later enforce that or any other provision. Any agreement not to enforce, amendment or modification of these General Terms must be in writing in order for it to be effective.
Should any provision of these General Terms be or become invalid, void or unenforceable, the validity of the remaining provisions shall not be affected. The other provisions of these General Terms shall remain in full force and effect and the validity and enforceability of the remaining provisions shall not be affected.
Under no circumstances is any independent contractor, agency, partnership, joint venture or other such relationship created by these General Terms.
Accrued obligations and provisions of these General Terms, which by their nature should survive the termination of these General Terms, shall survive such termination.
Good Systems may publish additional policies related to specific services such as applications for mobile devices, games, forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these General Terms.
You acknowledge that the rights granted and obligations made under these General Terms to Good Systems are of a unique and irreplaceable nature, the loss of which shall irreparably harm Good Systems and which cannot be replaced by monetary damages alone. Accordingly, Good Systems shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights or other proprietary rights.
Good Systems shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Good Systems, including without limitation any failure to perform hereunder due to unforeseen circumstances or causes beyond Good Systems' control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, pandemic, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labour or materials.
These General Terms including any supplemental policies and any documents expressly referenced (including Good Systems Privacy Policy) constitute the entire agreement and understanding between you and Good Systems relating to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Good Systems with respect to the Good Systems Services.
We may need to change these General Terms to reflect changes in law or best practice or to deal with additional features which we introduce. The changes of these General Terms only apply with respect to the future. We therefore reserve the right to amend these General Terms at any time in accordance with the following:
1. Free Good Systems Services: For services provided free of charge, Good Systems is entitled to amend, cancel or replace these General Terms with other terms at any time and to make new services available free of charge or for a fee. Good Systems will inform you of such changes in advance;
2. Paid-for Good Systems Services: In case you use a paid-for-version, we will notify you of the proposed change to the General Terms by email or through the Good Systems Services no later than thirty (30) days before the commencement of the change. If the change materially affects your rights in connection with the use of the Good Systems Services, the proposed change will only become effective for you if you expressly consent to it prior to the commencement of the change. If you do not consent to the proposed change within the notice period, Good Systems shall be entitled to terminate the relevant subscription agreement with effect from the end of the then-current subscription period by giving you written notice. In the event of such termination, you will retain access to the relevant Good Systems Service until the end of the then-current subscription period. Changes are deemed to be material in particular if they significantly alter the contractual relationship to your disadvantage or would be tantamount to the conclusion of an entirely new contract.

Governing law and jurisdiction

Governing law: These General Terms, the Good Systems website and any information contained in it will be governed by the laws of England and Wales, excluding the UN Sales Convention. Mandatory protective provisions of the law of the country in which the user, who is a consumer, has his habitual residence remain applicable.
Place of Jurisdiction
1. For users who are consumers: If you as a user are deemed to be a consumer and do not have a general place of jurisdiction in a country of the European Union, England is the non-exclusive place of jurisdiction. If you move your domicile or habitual residence outside the EU after conclusion of the contract or if your domicile or habitual residence is not known to us at the time the action is brought, the place of jurisdiction for legal action against you shall be England. Otherwise, the statutory places of jurisdiction shall apply. Exclusive places of jurisdiction, e.g. for judicial dunning proceedings, remain unaffected. We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
2. Other users:
  1. The courts of England and Wales will have non-exclusive jurisdiction to hear any dispute arising from these General Terms. You agree that the courts of England shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these General Terms, the Good Systems Services or the legal relationship established by them, and for those purposes irrevocably submit to the jurisdiction of the English Courts.
  2. For the exclusive benefit of Good Systems, Good Systems shall also retain the right to bring proceedings against you in the courts of the country of your residence or, where these General Terms are entered into in the course of your trade or profession, the country of your principal place of business.

App Distribution Platform Additional Requirements

The App Distribution Platform you use to download the Good Systems Services may impose additional terms on how you use the Good Systems Services.
The following supplemental terms shall apply when accessing the Good Systems Services and applications through the Apple App Store. By downloading the Good Systems Services from a device made by Apple, Inc. ("Apple") or from Apple's App Store, you specifically acknowledge and agree that:
1. These General Terms are between Good Systems and you; Apple is not a party to these General Terms.
2. The licence granted to you hereunder is limited to a personal, limited, non-exclusive, non-transferable right to install the Good Systems Services on the Apple device(s) authorised by Apple that you own or control for personal, non-commercial use, subject to the Usage Rules set forth in Apple's App Store Terms of Services.
3. Apple is not responsible for the Good Systems Services or the content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to the Good Systems Services.
4. In the event of any failure of the Good Systems Services to conform to any applicable warranty that cannot be disclaimed, you may notify Apple. In such a scenario and if it is proved that there is a failure to comply with an applicable warranty, Apple may refund the purchase price for the Good Systems Service, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Good Systems Services.
5. Apple is not responsible for addressing any claims by you or a third party relating to the Good Systems Services or your possession or use of the Good Systems Services, including without limitation (a) product liability claims; (b) any claim that the Good Systems Services fail to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
6. In the event of any third party claim that the Good Systems Services or your possession and use of the Good Systems Services infringes such third party's intellectual property rights, Apple is not responsible for the investigation, defence, settlement or discharge of such intellectual property infringement claim.
7. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
8. Apple and its subsidiaries are third party beneficiaries of these General Terms and upon your acceptance of the terms and conditions of these General Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these General Terms against you as a third party beneficiary hereof.
9. Good Systems expressly authorises use of the Good Systems Services by multiple users through the Family Sharing or any similar functionality provided by Apple.
The following supplemental terms shall apply when accessing the Good Systems Services and applications through the Samsung Galaxy Store. You specifically agree and acknowledge that:
1. THAT THE APPLICATION THAT IS INCLUDED HEREIN, AND ANY SERVICE AND CONTENT PROVIDED TO YOU THROUGH SUCH APPLICATION, ARE BEING PROVIDED TO YOU BY GOOD SYSTEMS AND NOT BY SAMSUNG ELECTRONICS CO., LTD. ("SAMSUNG"). YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOUR DOWNLOAD, INSTALLATION AND USE OF ANY SUCH APPLICATION, SERVICE AND CONTENT ARE GOVERNED BY GOOD SYSTEMS' TERMS OF USE, LICENSE AGREEMENT, PRIVACY POLICY, OR OTHER SUCH AGREEMENTS AND THAT ANY INFORMATION AND PERSONAL DATA YOU PROVIDE TO SUCH THIRD PARTY SERVICE PROVIDERS WILL BE SUBJECT TO SUCH THIRD PARTY SERVICE PROVIDERS' PRIVACY POLICY.
2. TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, SAMSUNG IS NOT RESPONSIBLE FOR ANY PRIVACY OR ANY OTHER PRACTICES OF SUCH THIRD PARTY SERVICE PROVIDERS, AND EXPRESSLY DISCLAIMS ANY LIABILITY IN CONNECTION WITH ANY SUCH APPLICATIONS, SERVICES, CONTENTS OR YOUR USE THEREOF.

Contacting us – Customer Support

You can get in touch with us via support@goodmeet.com
When you contact us in this way, we will ask you for your name and email address. We will treat this data in line with our privacy policy.
Depending on the relevant Good Systems Service, we may also make available virtual assistant tools to support you with customer support queries ("Virtual Assistant"). Any Virtual Assistant made available by Good Systems may be based on third-party software. Any Virtual Assistant is intended to support you in the operation of the Good Systems Services and is therefore of an exclusively informative nature. No obligations arise from communication with a Virtual Assistant. Furthermore, no explicit agreements are made through communication with a Virtual Assistant. Any reliance you place in the information provided by a Virtual Assistant is at your own risk. In this respect, you have the responsibility to read the information provided on the Good Systems website, to check its compatibility with these General Terms as well as its accuracy and, in case of doubt, to contact customer support via the contact details set out in Section 21.1. Section 15.1 of these Terms applies to damages arising from incorrect information provided by a Virtual Assistant. You may not manipulate a Virtual Assistant in any way. With regard to the correct use of a Virtual Assistant, we refer in particular to Section 5 of these General Terms. The use of the data you enter when chatting with a Virtual Assistant is subject to our data privacy policy.

Right of withdrawal

Unless a withdrawal has to be made with the app distribution platform (especially in the case of in-app purchases), the following applies subordinately.
The user may revoke his contractual declaration in text form (e.g. letter, e-mail) within 14 days without giving reasons.
The period begins after conclusion of the contract.
Timely dispatch of the withdrawal is sufficient to comply with the revocation period. The revocation declaration is to be sent to:

Good Systems Inc, 103 Foulk Road, Suite 202, Wilmington, DE 19803.
You may use the attached model withdrawal form (see under 22.8 below), but it is not obligatory. You can also, but do not have to, exercise your right of withdrawal online at goodmeet.support.site. If you use this online function, we will send you an acknowledgement of receipt containing details of the content of your notice of withdrawal, as well as the date and time of its receipt by email without undue delay.
If you withdraw from this contract, we shall refund to you all payments we have received from you, including delivery costs (with the exception of any additional costs arising from your choice of a delivery method other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we receive notification of your withdrawal from this contract. We will make this refund using the same payment method you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees in connection with this refund.
If you have requested that the services commence during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of your exercise of the right of withdrawal in respect of this contract, compared with the total scope of the services provided for in the contract.
Your right of withdrawal expires prematurely if the contract is completely fulfilled by both parties at your express request before you have exercised your right of withdrawal.
To notify Good Systems Inc. of your withdrawal, you can, but do not have to, use the following model withdrawal form. Complete and return this form only if you wish to withdraw from the contract – (*) please amend as applicable:

To 103 Foulk Road, Suite 202, Wilmington, DE 19803

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),

Ordered on (*)/received on (*),

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date