Goodie

" ### Your use of the Services may be subject to limitations based on your plan tier or usage thresholds, such as the number of tracked products, prompts analyzed, or user seats, as specified in the applicable Order Form."

"(l) be used to train, fine-tune, extract model parameters from, or otherwise derive competitive models, or to evade or disable AI safety or content-integrity mechanisms."

" No delay, failure, or default (other than Customer’s obligation to pay fees when due, where payment can still be made electronically or through other commercially reasonable means) will constitute a breach of this Agreement to the extent such delay, failure, or default results from a Force Majeure Event. A “Force Majeure Event” means any cause beyond a party’s reasonable control, including but not limited to natural disasters, acts of government, acts of terrorism, war, labor disputes, civil disturbances, epidemics or pandemics, power outages, failures or interruptions of telecommunications, Internet, hosting, or cloud service providers, third-party platform or model availability (including API providers and large language model vendors), or widespread software, hardware, or supply chain failures. The party affected by a Force Majeure Event shall use commercially reasonable efforts to mitigate its impact and to resume performance as soon as practicable. However, if any delay or failure continues for more than thirty (30) days, the non-affected party may terminate this Agreement without further liability. Notwithstanding the foregoing, Company shall not be deemed in breach for suspending, limiting, or modifying the Services as necessary to: (a) protect against or respond to cybersecurity threats, attacks, or incidents; (b) comply with applicable laws or governmental requests; (c) respond to outages, degradation, or unavailability of underlying third-party infrastructure, models, or APIs; or (d) address issues relating to the safety, integrity, or misuse of AI-generated content."

" ‍ 11.1 Each party’s liability under this DPA is subject to the limitation of liability provisions set forth in the Agreement. ‍"

" TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXCEPT FOR LIABILITY ARISING FROM EXCLUDED CLAIMS, EACH PARTY’S TOTAL AGGREGATE LIABILITY UNDER OR RELATING TO THIS AGREEMENT AND THE SERVICES, REGARDLESS OF THE NATURE OF THE OBLIGATION, FORM OF ACTION, OR THEORY OF LIABILITY (INCLUDING WITHOUT LIMITATION CONTRACT, TORT, NEGLIGENCE, INDEMNITY, OR PRODUCT LIABILITY), WILL NOT EXCEED THE FEES ACTUALLY PAID OR PAYABLE BY CUSTOMER TO GOODIE IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO SUCH LIABILITY. THIS LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER INCIDENT, AND APPLIES EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL EITHER PARTY OR COMPANY’S SUPPLIERS OR LICENSORS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS OR BUSINESS OPPORTUNITIES, LOSS OF REVENUE, LOSS OF GOODWILL, BUSINESS INTERRUPTION, LOSS OR INACCURACY OF DATA, LOSS OF USE OF THE SERVICES, OR COSTS OF SUBSTITUTE GOODS OR SERVICES, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, STRICT LIABILITY, OR OTHERWISE),EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. CUSTOMER ACKNOWLEDGES AND AGREES THAT ITS PAYMENT OBLIGATIONS UNDER THIS AGREEMENT SHALL NOT BE CONSIDERED COMPANY’S LOST PROFITS OR LOSS OF REVENUE FOR PURPOSES OF THIS SECTION. "

" Goodie may provide free trials to the Services (“Trial”) from time to time as agreed by Goodie in writing. Goodie may also provide you with access to products, features, technologies or services that are not yet generally available on a free or paid basis, including, but not limited to, any product, service or feature labeled as “beta,” “preview,” “private release,” or “pre-release,” (each, a “Private Preview”). You must comply with any additional and/or modified terms posted or provided to you to access any Private Preview. Private Previews are not covered by customer support or service level agreements unless otherwise stated. Any products, services or features in Private Preview may be inoperable, incomplete or include functionality never released by Goodie. You should not rely on any products, services or features in Private Preview in any manner and your use is at your own risk. Goodie will have access to all information submitted, transferred or inputted to Goodie as it relates to such Private Preview, and may use such information to improve the user experience related to such Private Preview. Trials and Private Previews are provided “as-is” without any warranties of any kind. By using a Trial or Private Preview, you acknowledge and agree that the products, services and/or features may contain errors, may not operate as intended and your use of such may result in data loss or other damages. Goodie will not be liable for any direct, indirect, incidental, special, consequential or punitive damages arising out of or related to the use of a Trial or Private Preview, and Goodie’s liability for all claims arising from the use of a Trial or Private Preview will not exceed US$100.00. "

" During the subscription term, and subject to compliance with these Terms including payment, Goodie grants you a limited, non-exclusive, non-transferable right to access and use the Services solely for your internal business purposes. "

" “Telemetry” means information, technical logs, data, metrics, and learnings generated from or related to Customer’s and Users’ use of the Services, such as feature usage, click-throughs, and dwell times, which information does not identify Users, Customer, or any natural human persons as the source thereof. Goodie may use and exploit Telemetry without restriction."

" (a) Act as a processor/service provider and process Personal Data only upon Customer’s documented instructions;"

" (b) Customer having the opportunity to object to such changes within 30 days;"

" This Agreement remains in effect for the initial term specified in your Order Form, unless terminated earlier in accordance with these Terms. Except as otherwise stated in your Order Form, subscriptions will automatically renew for successive periods equal in length to the expiring term unless either party provides at least thirty (30) days’ prior written notice of non-renewal. "

" Either party may terminate the Agreement if the other materially breaches any provision and fails to cure such breach within 30 days of written notice. Company may suspend or terminate this Agreement immediately upon written notice if Customer fails to pay undisputed amounts when due. Upon termination, your access to the Services will be suspended, and Goodie may delete your Customer Data in accordance with our Privacy Policy."

" Usernames and Passwords. As part of the registration process, Customer will identify an administrative username and password for Customer’s account. Customer is responsible for maintaining the confidentiality of its credentials and for all activities occurring under its account. Goodie reserves the right to refuse or remove usernames that are offensive, misleading, infringe third-party rights, or otherwise violate this Agreement. Goodie may refuse or revoke usernames or passwords that: (a) are easily guessable or fail to meet Goodie’s security standards; (b) are offensive, unlawful, or discriminatory; or (c) misrepresent an association with another entity or infringe third-party rights. Goodie may also require password changes to protect the security of the Services. Acceptable Use. You may use Services only for lawful purposes and in accordance with these Terms. You agree not to: License, sublicense, sell, resell, rent, or otherwise commercially exploit the Services. Make the Services available to any third party. Reverse engineer, decompile, or access source code, except as permitted by law (and then only with notice to Goodie). Compromise, circumvent, or interfere with the integrity, security or performance of the Services, including by attempting to gain unauthorized access to, damage, disrupt, or interfere with any part of the Services, any data contained therein, or any server, computer, or database connected to the Services. "

" Goodie has no obligation to monitor Customer Data. Nonetheless, if Goodie becomes aware that: (a) Customer Data may violate law, Section 2.3 (Acceptable Use) or the rights of others, or (b) Customer’s use of the Services threatens the security or operation of the Services, then Goodie may: (i) limit access to, or remove, the relevant Customer Data, or (ii) suspend Customer’s or any User’s access to the Services. Goodie may also take any such measures where required by law, or at the request of a governmental authority. When practicable, Goodie will give Customer the opportunity to remedy the issue before taking any such measures."

" Fees are specified in the applicable Order Form. All fees are due as invoiced through our payment processor (currently, Stripe) and are payable upon receipt of an applicable invoice in U.S. dollars unless otherwise specified. Fees are non-refundable, except as set forth in Section 10.1 (Warranties) or as otherwise expressly provided in this Agreement. Late payments may incur interest at 1.5% per month or the maximum allowed by law, whichever is lower. All fees are exclusive of applicable taxes, which will be billed to you as required by law. All payments made by Customer are non-refundable regardless of actual usage. Goodie reserves the right to increase fees at renewal of the applicable subscription term. Your purchase relies only on the features and functions of the Services that are currently available as a generally available release. Goodie makes no commitment to deliver any future features or functions. The development, release and timing of any features or functions remains in Goodie’s sole discretion."

"Goodie reserves the right to modify, suspend or discontinue a Trial or Private Preview at any time without notice and without liability to you. "

" We may update these Terms periodically. Material changes will be communicated through the Services or by email. Your continued use of the Services after the updated Terms have been communicated will constitute acceptance of those changes. If you do not agree to the updated Terms, you must stop using the Services. Last Updated: October 15, 2025."

" Data Minimization & Retention:  Configurable retention where feasible; deletion on termination per Section 3.9 herein."