Service Terms

Last Updated: April 2021


The Service Terms below govern your use of the Services. Capitalized terms used in these Service Terms but not defined below are defined in the Goose Customer Agreement or other agreement with us governing your use of the Services (the “Agreement”). For purposes of these Service Terms, “Your Content” includes all “Company Content” and any “Customer Content”.

1. You may not transfer any software (including related documentation) you obtain from us without specific authorization to do so.

2. You must comply with current technical documentation applicable for the use of our Services.

3. You will provide information or other materials related to Your Content (including legal right´s grant and commercialization authorizations from content creators) as reasonably requested by us to verify your compliance with the Agreement. You will reasonably cooperate with us to identify the source of any problem with the Services that we reasonably believe may be attributable to Your Content or any End User materials that you control.

4. In connection with your use of our Services, you are responsible for maintaining licenses and adhering to the license terms of any content you use. If we reasonably believe any of Your Content violates the law, infringes or misappropriates the rights of any third party, or otherwise violates a material term of the Agreement (including the documentation, the Service Terms, or the Acceptable Use Policy) (“Prohibited Content”), we will notify you of the Prohibited Content and may request that such content be removed or access to it be disabled. If you do not remove or disable access to the Prohibited Content within 2 business days of our notice, we may remove or disable access to the Prohibited Content or suspend the Services to the extent we are not able to remove or disable access to the Prohibited Content. Notwithstanding the foregoing, we may remove or disable access to any Prohibited Content without prior notice in connection with illegal content, in accordance with applicable law or any judicial, regulatory or other governmental order or request. In the event that we remove Your Content without prior notice, we will provide prompt notice to you unless prohibited by law. We terminate the accounts of repeat infringers in appropriate circumstances.

5. You will ensure that all information you provide to us via the Goose Site or Platform (e.g., information provided in connection with your registration, additional resource requests) is accurate, complete, and not misleading.

6. From time to time, we may apply upgrades, patches, bug fixes, or other maintenance to the Goose Platform (“Maintenance”). We agree to use reasonable efforts to provide you with prior notice of any scheduled Maintenance (except for emergency Maintenance), and you agree to use reasonable efforts to comply with any Maintenance requirements that we notify you about.

7. If your Agreement does not include a provision on Goose Confidential Information, and you do not have an effective non-disclosure agreement with us in place, then you agree that you will not disclose Goose Confidential Information (as defined in the Goose Customer Agreement), except as required by law.

8. You may perform benchmarks or comparative tests or evaluations (each, a “Benchmark”) of our Services. If you perform or disclose, or direct or permit any third party to perform or disclose, any Benchmark of any of our Services, you (i) will include in any disclosure, and will disclose to us, all information necessary to replicate such Benchmark, and (ii) agree that we may perform and disclose the results of Benchmarks of your products or services, irrespective of any restrictions on Benchmarks in the terms governing your products or services.

9. If you process the personal data of End Users or other identifiable individuals in your use of our Service, you are responsible for providing legally adequate privacy notices and obtaining necessary consents for the processing of such data. You represent to us that you have provided all necessary privacy notices and obtained all necessary consents. You are responsible for processing such data in accordance with applicable law.

10. If you have purchased any of our packages for a period when our Service was unavailable (as defined in the applicable Service Level Agreement), you may request Service Credits according to the to the level of malfunction the service has experienced.

11. If you are a customer that is subject to the French Politique générale de sécurité des systems d’information de santé (PGSSI-S), you agree that your use of our Services complies with the PGSSI-S. different payment method that does support paying in the Payment Currency.

12. Following closure of your Goose account, we will delete Your Content in accordance with the Documentation.

13. Payment Currency

13.1. You must pay invoices in the currency specified on each invoice, but, for credit card or debit card purchases, you may only make payments in currencies supported by the issuer of your card. If the issuer of your credit card or debit card does not support the required Payment Currency, you must use a different payment method that does support paying in the Payment Currency.

13.2 You agree that information related to your payment, including your name and address, may be used by our banking partners to process your payments.

Definitions:

“Company Content” means all of the proprietary and Third-Party content you upload on input in our Platform.
“Customer Content” means all of your End Users content and information gathered during the use of your app, registration, or direct contacts.
“Content” means software (including machine images), data, text, audio, video or images.
“Goose Site” means http://loosegoose.tech (and any successor or related site designated by us), as may be updated by us from time to time.
“Service” refers to each of the services made available by us through the Goose Platform. Services do not include Third-Party Content.
“Service Level Agreement” means all service level agreements that we offer with respect to our Services (and any successor or related locations designated by us), as may be updated by us from time to time.
“Service Offerings” means the Services, the Goose Content, the Goose Marks, and any other product or service provided by us under this Agreement. Service Offerings do not include Third-Party Content.