Terms & Conditions

TERMS OF USE

Last Updated: March 6, 2024 

These Terms of Use (“Terms” or “Terms of Use”), provided by Mindset Motivation Inc. including its affiliated products, apps, and subsidiaries (collectively, “We,” “Our,” “Us” or “Mindset Motivation”), set forth the legally binding terms and conditions the following “Services” that govern Your access and/or use of: (a) Our mobile app, the “GoTime App” (which you can download to use from the Apple App Store or Google Play Store), (b) Our GoTime Website, currently located at https://gotimemotivation.com/, and (c) any information or materials We provide You through the GoTime App, the GoTime Website or any of Our other services.

By accessing or using any of the Services, You are accepting and have agreed to these Terms (which incorporates by reference Our Privacy Policy), on behalf of Yourself or Your minor child (if applicable), and You represent and warrant that You have the right, authority, and capacity to enter into these Terms on behalf of Yourself or Your minor child (if applicable).

All capitalized terms not defined in these Terms of Use are defined in Our Privacy Policy.

IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SERVICES.

Eligibility

• You must be 13 years of age or older to use Our Services and provide certain information to use Our Services.
• You must be 18 years of age or older to purchase Our paid Services or any other products or services offered by Us through Our Services.
• The above age limits are referred to individually and collectively as “Minimum Age.”
• If other applicable laws require You (or Your child) to be older than the above-mentioned Minimum Age in order to use, access or purchase the Services or any other products and services offered by Us or any other third-party, then the Minimum Age will be the older age under such applicable laws.
• In order to use Our Services, You must not be in violation of any embargoes, export controls, or other laws of Canada  or other countries having jurisdiction over Our Terms, GoTime and Yourself.

These Terms May Change

These Terms are subject to occasional revision, and if we make any substantive changes, We may notify You by sending You an email to the last email address You provided to Us or by prominently posting a notice of the changes within Our Services and/or within Our Terms.

Your continued use of Our Services following notice of any changes to Our Terms or Privacy Policy, or any other policies or guidelines, constitutes Your acceptance of all such changes.

Read Our Privacy Policy

Any information that We collect through Your use of the Services is subject to Our Privacy Policy, which is part of these Terms of Use.

BASIC TERMS

1. Accounts

1.1 Account Creation. In order to use certain features of the Services, You may register for an account (“Account”) and provide certain information about Yourself. You represent and warrant that: (a) all required registration information You submit is truthful and accurate; (b) You will maintain the accuracy of such information. You may delete Your Account at any time, for any reason, by following the instructions on the Services. We may suspend or terminate Your Account as permitted in these Terms.

1.2 Account Responsibilities. You are responsible for maintaining the confidentiality of Your Account login information and are fully responsible for all activities that occur under Your Account. You agree to immediately notify Us of any unauthorized use, or suspected unauthorized use of Your Account or any other breach of security. You acknowledge and agree that We will not be liable for any loss or damage arising from Your failure to comply with these requirements.

2. The Services

2.1 License. Subject to these Terms, We grant You a non-transferable, non-exclusive, revocable, limited license to use and access the Services solely for Your own personal, non-commercial use.

2.2 Certain Restrictions Regarding Your Use of the Services. The rights granted to You in these Terms are subject to the following restrictions.

(a) You shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services, whether in whole or in part, or any content displayed within the Services.

(b) You shall not modify, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services.

(c) You shall not access the Services in order to build a similar or competitive app, platform, website, product, or service.

(d) You shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from the Services.

(e) You shall not post or send anything violent, threatening, pornographic, racist, hateful, or otherwise objectionable, all as determined by Us in Our sole discretion.

(f) You shall not infringe on anyone’s intellectual property rights (including privacy and publicity rights), defame anyone, impersonate anyone, or otherwise violate the rights of a third-party.

(g) You shall not hack or modify the Services to set up robots to automate or otherwise manipulate content within the Services.

(h) You shall not hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of Our Services or any property, product or service of any of Our suppliers, vendors or third-party contractors or service providers (“Suppliers”), Users or any other third parties.

(i) You shall not share videos or any other content, information or programs accessed through the Service with any third parties.

(j) Except as expressly stated in these Terms, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.

(k) Any information, materials or programs purchased through the Services are for Your sole use and may not be copied, shared, or otherwise distributed to any third-party.

(l) You shall not violate the laws of Canada, its provinces or any other countries or entities having jurisdiction over these Terms, GoTime  or Yourself, whether or not the foreign political entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, or region) of a foreign country.

(m) You shall not do anything else that GoTime believes (in its sole discretion) could harm or negatively affect Us or any third-party.

GoTime and its Suppliers reserve all rights not granted in these Terms of Use. Any unauthorized use of the Services terminates the licenses granted by GoTime pursuant to these Terms of Use.

2.3 Changes to the Services. We reserve the right, at any time, to modify, update, suspend, or discontinue the Services (in whole or in part) with or without notice to You. You agree that We will not be liable to You or to any third-party for any modification, updates, suspension, or discontinuation of the Services or any part thereof. Unless otherwise indicated, any future release, update, or other addition to functionality of the Services shall be subject to these Terms.

2.4 GoTime Intellectual Property. You acknowledge and agree that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, contained within or provided through the Services and its content (in any form or medium) are owned by Us or Our suppliers or third-party contractors (collectively, “GoTime IP”). Neither these Terms (nor Your access to the Services) transfers to You or any third-party any rights, title or interest in or to the GoTime IP, including any related intellectual property rights, except for the limited access rights expressly set forth above. GoTime and Our Suppliers reserve all rights not expressly granted in these Terms. There are no implied licenses granted under these Terms. You are not permitted to use any of the GoTime IP in any way without the prior written consent of Us or Our applicable supplier.

3. Indemnification

3.1 You agree to indemnify and hold Us (and Our officers, employees, independent contractors, agents, representatives, affiliates, successors and assigns) harmless from any claims, disputes, demands, liabilities, damages, losses and costs and expenses (including without limitation reasonable attorney’s fees and costs) or demand made by any third-party arising out of or in any way connected with (a) Your use of the Services, (b) Your violation of these Terms, (c) the display, posting or any other use of Your Content through or in connection with the Services or Us, or (d) Your violation of applicable laws or regulations.

3.2 We reserve the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Us, and You agree to cooperate with Our defense of these claims. You agree not to settle any matter without Our prior written consent. We will use reasonable efforts to notify You of any such claim, action or proceeding upon becoming aware of it. Our failure to promptly notify You as to the existence of an indemnifiable claim will not relieve Your applicable indemnification obligations, except to the extent that such failure or delay is prejudicial.

4. Third Party Services

4.1 In order to optimize Your experience with the Services, You may, at Your sole election, decide to link Your social media accounts, wearable devices, non-wearable devices, calendars, applications, platforms, or programs, now in existence or hereafter developed, (collectively and including related devices, “Third-Party Services”) that You utilize now or in the future. We may provide such links to Your Third-Party Services only as a convenience to You, and do not review, approve, monitor, endorse, warrant or make any representations regarding such services or devices. All Such Third-Party Services are neither Our responsibility nor under Our control.

4.2 By linking such Third-Party Services with Your GoTime account, You represent and warrant that: (a) such Third-Party Services are Your own; (b) You are authorized to access and link such Third-Party Services Account; and (c) You expressly authorize Us to utilize, implement, and, if applicable, share any information or data received from Your Third-Party Services. You may un-link Your Third-Party Services at any time but understand that You may experience, as a result, a more limited interaction with Our Services.

4.3 Please remember You shall remain bound by the terms of use and privacy policy of the owners of Your Third-Party Services while they are linked to the Services. You acknowledge that these Terms do not apply to any Third-Party Services, and that You assume all responsibility of and any risk arising from Your use of such Third-Party Services.

5. App Stores

5.1 You acknowledge and agree that the availability of the Services is dependent on the third-party platform from which You access the Services, e.g., the Apple App Store or Google Play Store (individually and collectively, “App Store(s)”).

5.2 You acknowledge that these Terms of Use are between you and GoTime and not with the App Stores. GoTime, not the App Stores, is solely responsible for the Services, the content thereof, maintenance, support services, and warranty therefore, and addressing any related claims. In order to use the Services, You must have Internet connectivity and You agree to pay all fees associated with such connectivity. You also agree to pay all fees (if any) charged by the App Store in connection with using the GoTime App.

5.3 You agree to comply with, and Your license to use the App is conditioned upon Your compliance with, all applicable third-party terms of agreement (e.g., the App Stores’ terms and policies) when using the App and the Services. You acknowledge that the App Stores (and its subsidiaries) are third-party beneficiaries of these Terms of Use and will have the right to enforce it to the extent the rights of the operator of any App Stores are affected by such Terms.

5.4 You also agree that the GoTime App is accessed through or downloaded from an App Store; therefore, Your use of the GoTime App through the applicable App Store requires You to comply with such App Store’s terms of service, and this means You agree to the following.

(a) You shall pay all fees (if any) charged by the App Store in connection with the GoTime App.

(b) You shall comply with, and Your license to use the App is conditioned upon Your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the App and the Services.

(c) You acknowledge that the App Stores (and its subsidiaries) are third-party beneficiaries of these Terms of Use and will have the right to enforce it to the extent the rights of the operator of any App Stores are affected by such Terms.

(d) GoTime App Downloaded through the Apple App Store:

(i) In the event of any failure of the GoTime App to conform to any applicable warranty, You may notify the Apple App Store through which You downloaded the GoTime App, and Apple will refund the purchase price in accordance with its applicable terms of service and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation with respect to the GoTime App.

(ii) You and GoTime acknowledge that, as between GoTime and Apple, Apple is not responsible for addressing any claims You have or any claims of any third-party relating to the GoTime App or Your possession and use of the GoTime App, including: (i) product liability claims; (ii) any claim that the GoTime App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

(iii) You and GoTime acknowledge that, in the event of any third-party claim that the GoTime App or Your possession and use of that GoTime App infringes that third-party’s intellectual property rights, as between GoTime and Apple, GoTime, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the GoTime Terms of Use.

(e) GoTime App Downloaded through the Google Play Store:

(i) Google has no obligation or liability to You with respect to the GoTime App or these Terms of Use.

6. Fees and Payments

6.1 Payment Processors. We utilize the services of third-party payment processors (“Processors”) to handle Your purchases of certain Services, and in such cases, We do not store Your credit card or other payment method information. Such Processors may require You to store credit card or other sensitive, personal information. We make no warranties or representation with respect to any Processor and their ability to safeguard Your information. It is important that You review the Processor’s terms of use and privacy policy prior to using their services.

6.2 Fees for GoTime Services. You agree that Your purchase of certain Services will include a charge for the processing of such purchase, and such processing fees are non-refundable if You seek a refund for a Service You purchased.

7. Disclaimers

GOTIME IS NOT A MEDICAL SERVICE PROVIDER AND DOES NOT OFFER MEDICAL ADVICE. THE SERVICES ARE NOT INTENDED FOR MEDICAL DIAGNOSIS OR ADVICE OR TREATMENT. WE DO NOT ENDORSE ANY SPECIFIC PRODUCTS, PROGRAMS, PROCEDURES, OPINIONS OR OTHER INFORMATION THAT MAY BE MENTIONED OR DESCRIBED THROUGH OUR SERVICES. IF YOU RELY ON ANY CONTENT OBTAINED BY YOU THROUGH THE SERVICES, YOU DO SO SOLELY AT YOUR OWN RISK. GOTIME ASSUMES NO RESPONSIBILITY FOR ANY ACT, OMISSION, ACTIVITY, PRODUCT OR SERVICE THROUGH INDIVIDUALS OR PROGRAMS PROVIDED THROUGH THE SERVICES.

THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

8. Limitation on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GOTIME BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO AND USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE AMOUNTS YOU HAVE PAID TO GOTIME FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100) (WHICHEVER GREATER), PROVIDING YOU DO NOT HAVE ANY THEN-EXISTING PAYMENT OBLIGATIONS TO GOTIME. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.

YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS SECTION 8 AND ANY OTHER RELEVANT TERMS IN THIS AGREEMENT.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH IN THESE TERMS ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN GOTIME AND YOU.

9. Release and Waivers

9.1 Release. You hereby release and forever discharge Us (and Our officers, employees, independent contractors, agents, representatives, affiliates, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Services (including any interactions with, or act or omission of, other Services users or any Third-Party Links and Advertisements).

9.3 Jurisdictions Prohibiting GoTime’s Limitation of Liability. Notwithstanding any provision of these Terms (including without limitation those in Sections 7, 8 and 9), if Your jurisdiction has laws or regulations specific to waiver or liability that conflict with this Section then Our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by Our negligence or that of any of Our officers, employees or independent contractors; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.

10. Term and Termination.

Subject to this Section, these Terms will remain in full force and effect while You use the Services. We may, without any liability to You whatsoever, suspend or terminate Your rights to use the Services (including Your Account) at any time for any reason at Our sole discretion, including for any use of the Services in violation of these Terms. This means we have the right to revoke Our consent to Your use of the Services, the GoTime IP and/or any other permissions we previously granted to You. Upon termination of Your rights under these Terms, Your Account and right to access and use the Services will terminate immediately. Even after Your rights under these Terms are terminated, the following provisions of these Terms will remain in effect (e.g., survive the termination of the Terms): Sections 2.2 through 13.

11. Dispute Resolution and Arbitration

Mandatory arbitration provisions apply to you if you live in, are located in, are based in, have offices in, or do business in a jurisdiction in which this Section 11. is enforceable:

11.1 Dispute resolution and arbitration. You and GoTime App agree that mandatory binding individual arbitration will determine any dispute, claim, or controversy between you and GoTime App relating in any way to these Agreements or to your User relationship with GoTime App (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreements). Lawsuit in court are more formal that arbitration. Arbitration is not decided by a judge or jury, and there are limits to court review of an arbitration award. In arbitration more limited discovery may occur than in court. The arbitrator is bound by this agreement and has the ability to award the same damages and relief as a court (including attorney fees), except that declaratory or injunctive relief benefiting anyone other than the parties in arbitration, may not be awarded by an arbitrator. This arbitration provision will survive beyond the termination of the Agreements.

11.2 Exceptions. Notwithstanding clause 11.1, you and GoTime App agree that the Agreements will not be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in a small claims court, (2) pursue enforcement actions through applicable federal, provincial, state, or local agencies where such actions are available, (3) seek injunctive relief in a court of law, or (4) to file suit in a court of law to address intellectual property infringement claims.

11.3 Arbitration Rules. Arbitration proceedings may be initiated by either you or GoTime App. Final settlement of any arbitration between you and GoTime App will be declared under the Rules of Arbitration of the International Chamber of Commerce (the “ICC”) then in force (the “ICC Rules”) by one or more arbitrators appointed through ICC Rules, as modified by these Agreements, and the International Court of Arbitration of the ICC will administer the proceedings. Unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, any arbitration will be conducted in the English language and the law applied to such arbitration shall be the law of the applicable jurisdiction, without regard to choice or conflicts of law principles.

11.4 Time for Filing. Filing a demand for arbitration commences arbitration and must be filed within one (1) year of the date the party asserting the claim first becomes aware of, or reasonably should be aware of the act, omission, or default giving rise to the claim. Claims asserted outside of that time period shall have no right to any remedy. If applicable law prohibits a one-year limitation period for asserting claims, the shortest time period permitted by applicable law becomes the prevailing time limitation.

11.5 Notice; Process. The party seeking arbitration must send written notice of the dispute to the other party through certified mail (or a service requiring signature receipt). If we do not have a physical address on file for you, electronic mail (“Notice”) may be used. GoTime App’s address for Notice is listed in the final section of these terms. Any such Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought (“Demand”). Good faith efforts will be used to resolve the claim directly, but in the event an agreement is not reached within 30 days of the Notice being received, arbitration proceedings may be commenced by you or GoTime App. During the arbitration, the arbitrator may not learn the amounts within settlements offers made by you or GoTime App until after the arbitrator makes a final decision and award, if any. If the arbitration dispute is finally resolved in your favor, GoTime App shall pay you (1) the amount awarded by the arbitrator, if any, (2) the last written settlement amount offered by GoTime App in settlement of the dispute prior to the arbitrator’s award; or (3) $1,000.00, whichever is greater. Strict confidentiality by all parties will be maintained for all documents and information disclosed in the course of the arbitration and shall not be used for any purpose other than for the enforcement of the arbitrator’s decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law. Public announcements or public comments or publicity concerning the dispute (including, but not limited to, the fact that the parties are in dispute, the existence of the arbitration, or any decision or award of the arbitrator), will not be made by you or GoTime App, except as required to enforce the arbitrator’s decision and award.

11.6 Modifications. If GoTime App makes future change to this arbitration provision (other than to change GoTime App’s address for Notice), such changes may be rejected by you by notifying us in writing within 30 days of the change to GoTime App’s address for Notice, In such case, GoTime App may immediately terminate your account and this arbitration provision, as it was immediately prior to the amendments you reject, shall survive and apply.

11.7 Enforceability. All of Section 24.3 will be nullified if the class action waiver at Section 24.2 is determined to be unenforceable in arbitration or if any part of this Section 24.3 is found to be invalid or unenforceable. In such case, the parties agree that the exclusive jurisdiction and venue described in Section 24.1 shall govern any action arising from or related to the Agreements.

12. Electronic Communications.

The communications between You and GoTime use electronic means, whether You use the Services or send Us emails, or whether We post notices on the Services or communicate with You via email. For contractual purposes, You (a) consent to receive communications from Us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that We provide to You electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect Your non-waivable rights.

13. General Terms.

These Terms constitute the entire and exclusive agreement between You and GoTime regarding the Services and the use and access thereof. These Terms supersede and replace any and all prior oral or written understandings or agreements between You and GoTime regarding all of Our Services. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

13.1 The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation.”

13.2 If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired (remaining in full force and effect), and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. These Terms, and Your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by You without Our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. We may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon Our successors or assignees.

13.3 Force Majeure. You agree that We are not responsible to You for anything that We may otherwise be responsible for, if it is the result of events beyond Our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, pandemics, epidemics, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond Our control (collectively, “Force Majeure”). We reserve the right (in Our sole discretion) to terminate any or all Services to You or any of Our Users due to any Force Majeure event.

14. Copyright and Other Intellectual Property Infringement Claims.

We take the protection of Intellectual Property seriously. We respect the rights of others’ content and Intellectual Property, and We expect Our Users to do the same. You agree not to copy, distribute, display or otherwise reproduce any of the Services or any information available through the Services without obtaining Our prior written permission in each such instance. We reserve the right (in Our sole discretion) to terminate and/or disable the accounts of Yours and any Users for materially or repeatedly infringing the intellectual property rights of Ours, Our Suppliers and any other third parties in accordance with all applicable laws. Claims of copyright or other intellectual property infringement can be sent to team@gotimemotivation.com.

Any claims of alleged copyright or other intellectual property infringement must include:

1. Identification of the intellectual property works which are the subject of the claimed infringement.
2. Identification of the claimed infringing activity, including the location within the applicable Services of the infringing copy.
3. A statement with the signature of the person making the claim, which states that he/she is the owner, or authorized to act on behalf of the owner, of the infringed intellectual property, along with current contact information, which should include a mailing address, telephone number, and email address.
4. A statement of a good faith belief that the subject use is not authorized by the intellectual property owner.
5. A statement as follows: “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the intellectual property that is allegedly infringed.”

If a statement does not include all required elements, it will not be treated as actual notice under applicable intellectual property law.

We recommend that You send Us similar information as described above in regards to any allegation of trademark infringement, and We will address it as soon as practicable.

In the event We receive a claim, which substantially complies with the complaint requirements detailed above, We will remove the alleged infringing material from Our Services, and notify You that the material has been removed. You may provide Us with a counter notice if You believe the claim is in error. If You are the subject of multiple claims, we may, in Our sole discretion, terminate Your account without further notice.

15. Content

For all Your use of the Services and everywhere in these Terms and in our Privacy Policy, Content is defined as any video, audio or text content that is provided to you through the Services.

15.1. We cannot guarantee that you will not be exposed to Content that is inaccurate, indecent, offensive objectionable, inappropriate for children, or otherwise unsuited to Your purpose. You are responsible for taking precautions as necessary to protect yourself and you agree that GoTime shall not be liable for any damages you allege to incur as a result.

15.2. GoTime may contain Content from third parties that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights of others without our knowledge, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. WE DISCLAIM ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM SUCH THIRD PARTY CONTENT ON GOTIME OR FROM THE USE OF SUCH CONTENT BY ANY USER OF GOTIME.

15.3. If any Content on GoTime infringes your rights (including privacy, publicity or intellectual property rights) or if you witness any unlawful, malicious, harmful or otherwise objectionable Content, please inform us at team@gotimemotivation.com so that we can take appropriate actions.

★ FAIR-USE COPYRIGHT DISCLAIMER:

The content We feature on GoTime is for educational and informational purposes. The content may contain copyrighted material owned by a third party, the use of which has not always been specifically authorized by the copyright owner. Notwithstanding a copyright owner’s rights under the Copyright Act, Section 107 of the Copyright Act allows limited use of copywriter material without required permission from the rights holders, for purposes such as education, criticism, comment, news reporting, teaching, scholarship, and research. These so-called fair uses are permitted even if the use of the work would otherwise be infringing.

No copyright infringement intended. All clips and audio are used appreciatively, positively, and without malice solely by our creative team. They have, in accordance with fair use, been repurposed with the intent of educating and inspiring others. We must state that in NO way, shape or form we are intending to infringe the rights of the copyright holders. The content used is strictly to help educate.

1) Videos have no negative impact on the original works;

2) Videos add value to the speaker, audio, and visuals;

3) Videos are also for teaching and inspirational purposes.

16. Entire Agreement

These Terms and our Privacy Policy are the entire and exclusive agreement between Mindset Motivation Inc. and you regarding the Services (excluding any services for which you have a separate agreement with Mindset Motivation Inc. that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Mindset Inc. and you regarding the Services.

Contact Us

Please contact us at team@gotimemotivation.com if you have any questions about these Terms.