GOnama Terms of Service

GONAMA Software and Services Term Sheet

This Term Sheet ("Term Sheet") outlines the terms and conditions governing the use of the GOnama App and related services ("Services") provided by GOnama, Inc. ("GOnama"), a service provider offering customization and enhancement of interfaces and software for Shopify-based e-commerce platforms ("Platform"). By using the Services, the account owner ("Client") agrees to be bound by this Term Sheet.

1. Definitions

• "GOnama App": The software application provided by GOnama for customizing and enhancing Shopify-based e-commerce stores.
• "Shopify Terms": The terms and conditions, policies, and guidelines published by Shopify, as updated from time to time.
• "Third-Party Modifications": Any customizations, integrations, or changes to the Client’s Shopify store not performed by GOnama, whether by the Client or a third party.

2. Client Responsibilities

2.1 Compliance with Shopify Terms

The Client is solely responsible for ensuring that their use of the GOnama App and Services, as well as any modifications to their Shopify store (whether by the Client or third parties), complies with the Shopify Terms and all applicable laws, regulations, and industry standards. GOnama does not monitor or analyze updates to the Shopify Terms and is not responsible for advising the Client on compliance.

2.2 Third-Party Modifications

The Client assumes full responsibility for any Third-Party Modifications to their Shopify store. GOnamashall not be liable for any issues, including but not limited to non-compliance with Shopify Terms, performance degradation, or security vulnerabilities, arising from such modifications.

3. Limitation of Liability

3.1 Services Provided "As Is"

GOnama provides the GOnama App and Services on an "as is" and "as available" basis, without warranties of any kind, whether express, implied, statutory, or otherwise, including but not limited to warranties of merchantability, fitness for a particular purpose, or compatibility with future Shopifyupdates or Third-Party Modifications.

3.2 Exclusion of Damages

To the fullest extent permitted by law, GOnama shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising from or related to the use or inability to use the GOnama App or Services, even if GOnama has been advised of the possibility of such damages.

3.3 Cap on Liability

GOnama’s total aggregate liability arising out of or relating to this Term Sheet or the Services shall not exceed the fees paid by the Client to GOnama for the Services in the twelve (12) months preceding the claim.

4. Intellectual Property

4.1 Ownership

GOnama retains all right, title, and interest in and to the GOnama App and Services, including all intellectual property rights. The Client is granted a non-exclusive, non-transferable, revocable license to use the GOnama App solely for its intended purpose in connection with the Client’s Shopify store, subject to this Term Sheet.

4.2 Restrictions

The Client shall not reverse engineer, decompile, disassemble, or attempt to derive the source code of the GOnama App, nor shall the Client sublicense, distribute, or modify the GOnama App without GOnama’sprior written consent.

5. Governing Law and Dispute Resolution

5.1 Governing Law

This Term Sheet and the Services shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles.

5.2 Dispute Resolution

Any disputes arising out of or relating to this Term Sheet or the Services shall be resolved through binding arbitration conducted in accordance with the rules of the American Arbitration Association (AAA) in Delaware. The arbitration shall be conducted by a single arbitrator, and the decision of the arbitrator shall be final and binding. Each party shall bear its own costs and attorneys’ fees, unless otherwise determined by the arbitrator.

6. Termination

6.1 Termination by Either Party

Either party may terminate the use of the Services upon written notice if the other party materially breaches this Term Sheet and fails to cure such breach within thirty (30) days of receiving notice.

6.2 Effect of Termination

Upon termination, the Client shall cease all use of the GOnama App and Services. Sections 3 (Limitation of Liability), 4 (Intellectual Property), 5 (Governing Law and Dispute Resolution), and 7 (Miscellaneous) shall survive termination.

7. Miscellaneous

7.1 Entire Agreement

This Term Sheet constitutes the entire agreement between GOnama and the Client with respect to the Services and supersedes all prior or contemporaneous agreements, whether written or oral.

7.2 Amendments

GOnama reserves the right to modify this Term Sheet at any time. Continued use of the Services following such modifications constitutes the Client’s acceptance of the revised terms.

7.3 Severability

If any provision of this Term Sheet is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

7.4 Assignment

The Client may not assign or transfer any rights or obligations under this Term Sheet without GOnama’sprior written consent. GOnama may assign this Term Sheet without restriction.

8. Contact Information

For inquiries or support regarding this Term Sheet or the GOnama App and Services, please contact the GOnama Support Team at go@gonama.com.

Acknowledgment

By accessing or using the GOnama App or Services, the Client acknowledges and agrees to be bound by the terms and conditions of this Term Sheet.