Mobile Application Terms of Use

Last Modified: December 31, 2024

Acceptance of the Terms of Use

These terms of use are entered into by and between You, Goalsetter, LLC ("Goalsetter,”),and its affiliates are collectively referred to as Company," or "we," "us," or “our.”  The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of the Goalsetter (collectively, “App”), including any content, functionality, and services offered on or through the App, whether as a visitor or a registered user.  As used in these Terms of Use, “Goalsetter Account” means the account you have with us for services provided through Goalsetter.  For purposes of these Terms, “Business Day” means Monday through Friday, excluding federal banking holidays.  The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

Goalsetter is a fintech company and not a bank and is therefore not regulated by the Federal Reserve, Office of the Comptroller of the Currency or any state banking regulator.  Banking services for Goalsetter customers are provided through Webster Bank, N.A Member FDIC (“Partner Bank”).

Please read the Terms of Use carefully before you start to use the App. Through the App, we seek to educate and create the next generation of smart savers.  By using the App, you are acting on your own behalf and on behalf of any of your children using the App and accept and agree to be bound and abide by these Terms of Use, including our Privacy Policy, found at https://www.goalsetter.co/privacypolicy, incorporated herein by reference.If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the App. By opening a Goalsetter account, you are agreeing to be bound by the Deposit Agreement with Partner Bank and other important agreements relating to your savings account.

Parental or Legal Guardian Consent / Accounts for Minors

Our App is offered and available to users who are 18 years of age or older.  However, you may establish a Goalsetter account and allow your minor child to utilize the App in accordance with the specific product agreements and requirements set forth herein (the “Account”).  By using the App, you represent and warrant that you are of legal age to form a binding contract with the Company, have the legal authority to authorize a minor child to utilize our App, and meet all of the foregoing eligibility requirements.  If you do not meet all of these requirements, you must not access or use the App. 

By establishing a Goalsetter account and utilizing our App or services for yourself and/or a minor child, you authorize us to make any inquiries we consider necessary to verify information such as identity, and legal authority to open the account in accordance with applicable law. These inquiries may require you to provide documentation or verify information you provide against third-party databases or other sources such as government records. 

If we are unable to verify the information that you provide, we may refuse to create the parental/legal guardian account and/or minor child account, close an existing minor child account, and/or close the parental/legal guardian account.

By establishing a Goalsetter account to allow a minor to utilize our App and/or services for a minor child, you accept full responsibility for the minor’s use of our App and/or service and acknowledge on behalf of the minor child that these Terms of Use apply to their use of our App and/or services.

Description of Services

The Services offered by Goalsetter are intended to provide tools to help you and/or your children save, spend and learn to build wealth through the use of goal-based saving techniques.  Goalsetter provides an App that links a U.S.-based bank account you represent that you control to allow you and your family to save money towards future expenses or goals. Goalsetter also serves as a digital platform for your friends and family to contribute to you or your minor child’s Goalsetter Account.  Goalsetter acts as record-keeper monitoring deposits into the Goalsetter Account and acting on your instructions to instruct the funds to be distributed at your direction. Specifically, at your direction, we will instruct our Partner Bank to debit, via ACH, your U.S. bank account and deposit such funds into your Goalsetter Account held at our Partner Bank. Your deposits are maintained at our Partner Bank, Webster Bank, N.A., Member FDIC.

How Our Services Work

Funds deposited with our Partner Bank are eligible for Federal Deposit Insurance Corporation (“FDIC”) insurance in accordance with the rules and regulations of the FDIC.  By creating an account with Goalsetter and initiating bank deposits or withdrawals (“EFTs”), you agree to the terms of service and privacy policy of our Partner Bank, Webster Bank, N.A., Member FDIC, which are incorporated herein by reference.

Your Account Information

In order to set up a user profile you must provide the following information: name, date of birth, Social Security Number, home address, email address, profile name, phone number, password, (collectively “Account Information”). We will verify your identity and eligibility to open a Goalsetter account, in accordance with applicable law. You consent to and authorize us to make any inquiries we consider necessary to verify your identity. These inquiries may require you to take steps to verify information you provide against third-party databases or other sources, such as government records.  You may also have to verify ownership of your U.S. bank account. If you do not provide the requested information or we cannot verify your identity or your ownership of your U.S. bank account, we can refuse to allow you to use the services.

Account Features

Auto-Save and Top-Ups

A user who sets up a Goalsetter profile can also sign up for the Goalsetter “Auto-Save” and or Top-Up features. These features enable users to link their external U.S. bank account (or a consenting adult's bank account) and designate an amount to give to a Goalsetter profile on a defined frequency or a user defined account balance minimum.

Round-Ups

A user who sets up a Goalsetter profile can also sign up for the Goalsetter “Round-Ups” feature. Round-Ups enables users to link their external U.S. bank account  to track the user’s designated external U.S. bank account spending and round up transactions to the nearest $1 to $5.  In addition, the user can multiply (boost) the round-up such as 2 times or 3 times. We aggregate amount of round-ups on a weekly basis and that amount is transferred from your designated external U.S. bank account to the Goalsetter Account for the user selected, which could be a parent, a minor child from the main Goalsetter Account, or child(ren) from Family Circle (as described below).  If more than one Round-Ups recipient is selected, the Round-Up amount totaled weekly is then split equally and sent to the Round-Up recipient’s saving goals as per configured in the Goalsetter App.  External U.S. bank account transactions utilized for Round-Ups are stored and displayed in the Goalsetter App.

Family Circle

Family Circle allows a parent or guardian (invitation sender) to invite other parents (invitation recipient) to be part of their group of users called a “Family Circle” to support the goals of the invitation sender’s children.   If the invitation recipient does not have a Goalsetter account, accepting the invitation prompts the invitation recipient to download the app, create a Goalsetter Account and link an external US bank account.  Setting up a Goalsetter account and linking to a bank account will allow the invitation recipient to support the goals of the invitation sender’s children by sending money (GoalCards®) and enabling Auto-Save and Round-Up features.  If the invitation recipient already has a Goalsetter account, they will be able to support the goals of the invitation sender’s children by sending money (GoalCards) and enabling the Auto-Save and Round-Ups features, once the invitation recipient has been added to the invitation sender’s Family Circle.

Giving a GoalCard®

A GoalCard allows a user or Visitor to the Goalsetter website to send funds to a selected recipient.  To give a GoalCard, the recipient does not have to be a registered user. The Visitor just needs to access our webpage dedicated to GoalCards, provide (a) the email address for the recipient of the GoalCard and, (b) the Visitor’s payment information. The recipient will receive an email notification that they have a GoalCard waiting for them. The recipient will log into the Goalsetter App and complete the identity verification steps in order to collect the money that has been sent to them by the Visitor via the GoalCard purchase. Any GoalCard funds not redeemed within twenty-one (21) days will be returned to the sender (Visitor) of the GoalCard.

Receiving a GoalCard®

Each user must set up a profile in order to participate in Goalsetter. After you have created your profile, you can tell your friends, family and acquaintances (Family Circle) what Goals you’re saving for by sending/posting a link to your Goalsetter profile via email, and various digital social media platforms and ask people to support your goals by sending you a GoalCard (e.g., for your birthday, holidays or celebrations). Goalsetter accepts no responsibility for information shared by users on social media.

Clicking the link to a user profile page will display each of the user’s goals unless they are marked “private.” Visitors can give money to a user by clicking “Give a GoalCard” on the user’s profile page. Visitors can also contribute to a user’s goals by giving a lump sum (allowing the user to decide how much they want to allocate towards each of their goals) or sending the user specific amounts for each goal. 

We partner with Stripe®, a third-party payment processor to complete payment processing for GoalCards. All payments of funds (in support of a user’s goal) are governed by the Stripe® user agreement, which is provided during the GoalCard purchase process.  The contributor’s name will be listed on the recipient’s profile. However, contributors have the option of making their name private. We only act to cause third parties to move funds on a user’s behalf.  We do not hold funds and Goalsetter cannot guarantee that users will use the funds they receive for their stated Goal(s).

Once we have verified the recipient’s identity and that a bank account is linked to the recipient’s Goalsetter Account, each Goalsetter GoalCard will be deposited in the recipient’s Goalsetter Account. Any Goalsetter GoalCards that a recipient receives prior to such verification will remain pending until the recipient completes the aforementioned process.  Goalsetter GoalCards not redeemed within twenty-one (21) days will be returned to the sender. 

Allowance

Users can sign up for the allowance feature. Allowance enables users to link their external U.S. bank account (or a consenting adult’s external U.S. bank account) to a Goalsetter Account.  The amounts selected by user (“Allowance”) are transferred from the linked external U.S. bank account to the Goalsetter Account, based on the allowance rules and chores selected and approved by the user.

It’s Fin Lit Quiz

A parent or legal guardian user can invite their child(ren) to play the It’s Fin Lit Quiz feature on the Goalsetter App. The parent or legal guardian user can choose to pay their child(ren) $0 to $1, debited from your linked U.S. bank account, for every question their child(ren) answers correctly on the quiz. The maximum amount a child can earn is $10 per quiz and each quiz level only pays out once.  If the child replays the same level quiz, they will not receive additional payment.  Each payment transaction is created at the time the child successfully completes the quiz but payments are processed on a weekly basis.  Therefore, the actual transfer of funds can take up to 1 to 7 business days.

Rights You Grant Us

By submitting your Account Information, pictures, data, materials and other content (“Content”) to Goalsetter through the Services, you are licensing that Content to us for the purpose of providing the Services. We may use and store the Content in accordance with these Terms of Use and our Privacy Policy. You represent that you are entitled to submit Content to us for use for this purpose, without any obligation for us to pay any fees or be subject to any restrictions or limitations.

Complaints

To report a complaint relating to the Services, email hello@goalsetter.co or call us at 1.866.445.1842. 

Service Fees

Goalsetter charges a $1 flat transaction fee on each Goalsetter GoalCard purchased.  In addition to Goalsetter’s fees, Stripe® charges a 2.9% transaction fee and a thirty cents (30¢) transaction fee on all transactions processed through Stripe®. A party making a deposit or withdrawal will pay the Stripe® transaction fees and authorize the debit of such fees from such party’s bank account. See the Stripe® user agreement for more information on Stripe®’s fees.

Goalsetter will also charge a monthly plan fee of $3.95 (“Goalsetter Monthly Fee”) for our ongoing banking-related Services.  Additional Services offered by Goalsetter may involve additional fees, which are disclosed in the Terms of Use for such additional Services. You authorize us to debit the Goalsetter Monthly Fee on a monthly basis from your linked U.S. bank account pursuant to your ACH authorization provided above. The Goalsetter Monthly Fee is non-refundable, except as otherwise required by applicable law. We may change the amount, frequency, and debit date of the Goalsetter Monthly Fee from time to time in our sole discretion. We will notify you in advance of any change to the Goalsetter Monthly Fee by sending you an email, by posting a notice on our website and the Goalsetter App, and/or by any other method permitted by applicable law. By accessing or using the services after any change to the Goalsetter Monthly Fee takes effect, you agree to pay the Goalsetter Monthly Fee, as modified.

Checking Your Balance in Your Goalsetter Account

You may obtain information about the balance of funds in your Goalsetter Account at any time by logging in to your Goalsetter Account on the App.  In the event you believe that the information about your balance is incorrect, contact us at hello@goalsetter.co or call us at 1.866.445.1842.

Electronic Signatures and Communications

Your Consent

In order to use the Services, you must provide your email and phone number, and you must expressly consent to receive email, text messages (SMS), push notifications and/or phone calls relating to the services at that address or number. It is your responsibility to promptly update any changes to your phone number, email address, and mailing address as appropriate.  Third-party data and message fees may apply.

To the extent permitted by applicable law, you consent to the use of electronic signatures and to electronically receive all records, notices, statements, communications, and other items for all services provided to you under these Terms of Use and in connection with your relationship with us (collectively, “Communications”) that we may otherwise be required to send or provide you in paper form (e.g., by mail). By accepting and agreeing to these Terms of Use electronically, you represent that: (1) you have read and understand this consent to use electronic signatures and to receive Communications electronically; (2) you satisfy the minimum hardware and software requirements specified above; and (3) your consent will remain in effect until you withdraw your consent as specified below.

Your Right to Withdraw Your Consent

Your consent to receive Communications electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further Communications electronically at any time by contacting us at hello@goalsetter.co.

If you withdraw your consent to receive Communications electronically, we will close your Goalsetter Account and return the balance in your Goalsetter Account to the U.S. bank account that have specified as your bank account, as previous set forth in these Terms of Use, and you will no longer be able to use your Goalsetter Account or the services, except as expressly provided in these Terms of Use.

Any withdrawal of your consent to receive Communications electronically will be effective only after we have a reasonable period of time to process your withdrawal. Please note that withdrawal of your consent to receive Communications electronically will not apply to Communications electronically provided by us to you before the withdrawal of your consent becomes effective.     

Copies of Communications

You should have the ability to print and save and/or electronically store a copy of all Communications that we send to you electronically.

Changes to Communications

We reserve the right, in our sole discretion, to communicate with you in paper form. In addition, we reserve the right, in our sole discretion, to discontinue the provision of electronic Communications or to terminate or change the terms and conditions on which we provide electronic Communications. Except as otherwise required by applicable law, we will notify you of any such termination or change by updating these Terms of Use on the Application or delivering notice.

Use Restrictions

You may only use the services for your own personal, non-commercial use and not on behalf of or for the benefit of any third party other than your child or minor relative for whom you may establish a Goalsetter Account. Your use of the services must comply with all applicable law and the Terms of Service set forth herein. If your use of the services is prohibited by applicable law, then you are not authorized to use the services. We are not responsible if you use the services in any manner that violates applicable law or these Terms of Service.

You agree not to authorize any other person or entity to use your username and password or mobile device, other than your child or minor relative for whom you may have established your Goalsetter Account, to access the services.

You are solely responsible for the maintenance, confidentiality, and security of your username, password, and other User Information, which together provide access to our App. Except as otherwise required by applicable law, you are responsible for all transactions and other activities authorized or performed using your username and password or mobile device, whether authorized or unauthorized by you. Except as otherwise expressly stated in these Terms of Use or required by applicable law, we are not responsible for any losses arising out of the loss or theft of your User Information or your mobile device or from unauthorized or fraudulent transactions associated with your bank account or your Goalsetter Account. If you believe that your account information has been compromised or that someone is using your account without your permission, you must notify Goalsetter immediately at the email address: hello@goalsetter.co or call us at 1.866.445.1842.    

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them on our website, unless otherwise required by the Terms of Use or applicable law and apply to all access to and use of the Apps thereafter. However, any changes to the dispute resolution provisions set out in the Governing Law and Jurisdiction section of these Terms of Use will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the App.

Your continued use of the App following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check  our website regularly so you are aware of any changes, as they are binding on you.

Termination of Service(s)

You have the right to close your Goalsetter Account or discontinue use of the Services at any time.  Upon termination of your relationship with Goalsetter, these Terms of Use are no longer applicable. Termination can be accomplished at any time by using the available options on the app or by contacting us at hello@goalsetter.co. You are required to provide sufficient information for us to verify your identity as part of the account closure and termination process.

Pending Transactions and Balance Transfer After Account Termination

Notwithstanding the foregoing, if there are any pending transactions relating to your Goalsetter Account when we receive your termination notice, we will close your Goalsetter Account promptly after such transactions are completed. Your termination of Service will not affect any of our rights or your obligations arising under these Terms of Use prior to termination. 

If Goalsetter is required to close your account for any reason, upon the closure of your Goalsetter Account, we will transfer the funds in your Goalsetter Account, if any, to your bank account. If your bank account is closed or we are otherwise unable to transfer the funds in your Goalsetter Account to your bank account, we will mail a check for the amount of the funds to your physical address of record, less any fees due to us.  

Closing Goalsetter Teen Accounts

Goalsetter Teen Accounts must be closed by a parent or guardian following the process described above.  Teens may terminate a profile but cannot close their Goalsetter Account.

Failure to Use Services/Unclaimed Property

If you do not use the Services for a certain period of time, applicable state law may require us to report the funds in your Goalsetter Account as unclaimed property. If this occurs, we will try to contact you at the email address shown in our records. If we are unable to locate you, we may be required to deliver any funds in your Goalsetter Account to the applicable State as unclaimed property. The specified period of time to report and deliver funds to a State varies by State, but usually ranges between two and five years.

Use Requirements

In order to use the Services, you must: (a) accept and agree to these Terms of Use and our Privacy Policy; (b) register with us on the App; (c) be a U.S. citizen (or a legal U.S. resident) of at least 18 years of age; (d) have a bank account with a U.S. financial institution; (e) provide all information requested by us, such as your name, email address, and such other information as we may request from time to time (collectively, “User Information”); and (f) pay the Monthly Plan Fee, if applicable and as specified herein.    

You represent and warrant that all User Information you provide us at all times is truthful, accurate, current, and complete, and you agree not to misrepresent your identity or your User Information when accessing or using the Services. You agree to promptly notify us of changes to your User Information by updating your Goalsetter Account on the App; If we approve your registration, you will be authorized to use the services, subject to these Terms.     

By using the services and providing User Information to us, you automatically authorize us to obtain, directly or indirectly through our third-party service providers and without any time limit or the requirement to pay any fees, information about you and your bank account from the financial institution holding your bank account and other third-party websites and databases as necessary to provide the services to you. For purposes of such authorization, you hereby grant Goalsetter and our third-party service providers a limited power of attorney, and you hereby appoint Goalsetter and our third-party service providers as your true and lawful attorney-in-fact and agent, with full power of substitution and re-substitution, for you and in your name, place, and stead,  to access third-party websites, servers, and documents; retrieve information; and use your User Information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with your use of Goalsetter Account, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN GOALSETTER OR OUR THIRD-PARTY SERVICE PROVIDERS ACCESS AND RETRIEVE INFORMATION FROM SUCH THIRD-PARTY WEBSITES, THE COMPANY AND OUR THIRD-PARTY SERVICE PROVIDERS ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that other third parties shall be entitled to rely on the foregoing authorization, agency, and limited power of attorney granted by you. You understand and agree that we do not endorse services provided by any third-party account providers accessible through our services. We make no effort to review information obtained from the financial institution holding your bank account and other third-party websites or databases for any purpose, including, but not limited to, accuracy, legality, or non-infringement. As between Goalsetter and our third-party service providers, Goalsetter owns your confidential User Information.

System Compatibility Requirements

In order to access the App, users must be in conformance with compatibility requirements that are posted and updated from time to time on the Apple App Store and the Google App Store.

Accessing the App and Account Security

We reserve the right to withdraw or amend this App, and any service or material we provide on the App, in our sole discretion without notice. We will not be liable if for any reason all or any part of the App is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the App, or the entire App, to users, including registered users.

You are responsible for both:

● Making all arrangements necessary for you to have access to the App.

● Ensuring that all persons who access the App through your internet connection are aware of these Terms of Use and comply with them.

To access the App or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the App that all the information you provide on the App is correct, current, and complete. You agree that all information you provide to register with this App or otherwise, including, but not limited to, through the use of any interactive features on the App is governed by our Privacy Policy, https://www.goalsetter.co/privacypolicy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The App and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the services, features, information, materials, and content, including our App (collectively “App Content”) for your personal, non-commercial use only.  Any and all other uses are prohibited. You may not restrict or inhibit any other person from using or enjoying the Services or  App Content.

With the exception of your account statements, transaction histories and other data which shows your savings and spending activity (“Transaction Information”) within the App, you are prohibited from reproducing, distributing, modifying, creating derivative works of, publicly displaying, publicly performing, republishing, downloading, storing, or transmitting – in any form –  any of the proprietary educational material on our App.

Non-commercial, personal users are permitted to download a single copy to your mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

Unauthorized access or use for any commercial purposes any part of the App or any services or materials available through the App is strictly prohibited and will be prosecuted to the full extent of the law. 

Requests for access and to make use of Goalsetter’s proprietary educational material on the App other than that set out in this section, must be requested in writing, in advance by sending an e-mail to: hello@goalsetter.co.

Breach of the Terms of Use will result in the immediate stop to your right to use the App  and you must, at our option, return or destroy any copies of the materials you have made other than Transaction Information. No right, title, or interest in or to the App or any content on the App is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the App not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The Company name, the term Goalsetter, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this App are the trademarks of their respective owners.

Prohibited Uses

You may use the App only for lawful purposes and in accordance with these Terms of Use. You agree not to use the App:

● In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

● For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

● To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

● To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the App, or which, as determined by us, may harm the Company or users of the App, or expose them to liability.

Additionally, you agree not to:

● Use the App in any manner that could disable, overburden, damage, or impair the App or interfere with any other party's use of the App, including their ability to engage in real-time activities through the App.

● Use any robot or other automated device, process, or means to access the App for any purpose, including monitoring or copying any of the material on the App.

● Use any manual process to monitor or copy any of the material on the App, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.

● Use any device, software, or routine that interferes with the proper working of the App.

● Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

● Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the App, the server on which the App is stored, or any server, computer, or database connected to the App.

● Attack the App via a denial-of-service attack or a distributed denial-of-service attack.

● Otherwise attempt to interfere with the proper working of the App.

Monitoring and Enforcement; Termination

We have the right to:

● Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the App.

● Terminate your account or suspend your access to all or part of the App for any or no reason, including without limitation, any violation of these Terms of Use.  If we terminate your account, pending transactions and account balances will be handled as described in the “Termination of Service(s)” section below.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the App. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot review all material from users or third parties before it is shared through the App and cannot ensure prompt removal of objectionable material after it has been shared. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for the performance or nonperformance of the activities described in this section. 

Reliance on Information Posted

The information presented on or through the App is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the App, or by anyone who may be informed of any of its contents.

The App may include content provided by third parties, including materials provided by other third-party licensors. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the App

We will update the content and/or functionality on the App from time to time, but the content and/or functionality is not necessarily complete or up-to-date. Any of the material on the App may be out of date at any given time, and we are under no obligation to update such material.

Links from the App

If the App contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to App, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.  Parents are encouraged to utilize any parental controls offered by hosts of App Stores to protect their children from making inappropriate in-app purchases.

Geographic Restrictions

We provide the App for use only by persons located in the United States. For your protection, neither the App nor any of its contents are accessible outside of the United States. Access to the App may not be legal by certain persons or in certain countries.

Taxes, Duties, and Other Governmental Assessments

You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the services, provided that we may, in our sole discretion, do any of the foregoing on your behalf or for ourselves. The failure of either you or us to exercise,in any way, any right herein will not be deemed a waiver of any further rights hereunder.

Assignment

You may not transfer, assign, or delegate your rights or obligations under these Terms of Use or your Goalsetter Account in any way (by operation of law or otherwise) without our prior written consent. To the extent permitted by applicable law, we may transfer, assign, or delegate these Terms of Use and our rights and obligations hereunder without your consent.

Our Relationship with You

Nothing contained in these Terms of Use shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each is and shall remain independent contractors (to the extent applicable), and therefore, responsible for its own actions.     

Third-Party Beneficiary

You agree that our third-party services providers are third-party beneficiaries of the applicable provisions of these Terms, with all rights to enforce such provisions as if such service providers were a party to these Terms.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the App will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our App for any reconstruction of any lost data.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR MOBILE DEVICE, MOBILE DEVICE PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE APP, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE IS AT YOUR OWN RISK. THE APP, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY (INCLUDING THIRD PARTIES) MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE APP. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE APP, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPS WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR APP OR ANY SERVICE THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE APP, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE APP OR THE COMPANY WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct  caused by Services you purchase through the App.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the App, including, but not limited to, your User Contributions, any use of the App's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the App.

Governing Law and Jurisdiction

All matters relating to the App and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the App shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, in each case located in the City of Brooklyn and County of Kings, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At Company's sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the App, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York law.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

These Terms of Use constitute the sole and entire agreement between you and the Company regarding the App and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the App.

Your Comments and Concerns

The App is operated by Goalsetter LLC, 266 Decatur Street, Brooklyn, New York 11233.

All other feedback, comments, requests for technical support, and other communications relating to our App should be directed to: hello@goalsetter.co.