Terms of Sale
Effective date: May 15, 2021
Your agreement with us includes these Terms and any additional terms and conditions for Goodseed’s Terms of Service.
Goodseed Fee-Based Services and Trial Period
If the premium package is purchased, a $7.99/month or $64.99/year purchase will be applied to your iTunes account at the end of the seven day trial. Subscriptions will automatically renew unless canceled within 24-hours before the end of the current period. You can cancel anytime with your iTunes account settings. Any unused portion of a free trial will be forfeited if you purchase a subscription.
Anyone that creates an account with Goodseed will receive up to seven (7) days free access to the highest tier of Goodseed Gold (“Trial Period”). The Trial Period may be shortened or lengthened at Goodseed’s discretion, at any time and for any reason, with or without notice. No payment information is required for the Trial Period.
When the Trial Period expires, users that have subscribed to Premium Services and set up a payment method will immediately begin the relevant term for such Premium Services. If you have not subscribed to Premium Services, upon expiration of the Trial Period, you will be downgraded to Goodseed’s free subscription plan.
For Customers that purchase our Premium Services, fees are specified at the Premium Services interface “check-out” — and must be paid in advance. Payment obligations are non-cancelable for the relevant term and, except as expressly stated otherwise at check-out, fees paid are non-refundable. For clarity, in the event Customer downgrades any subscriptions from a paid plan to a free plan, Customer will remain responsible for any unpaid fees under the paid plan, and Premium Services under the paid plan will be deemed fully performed and delivered upon expiration of the initial paid plan subscription term.
Fees are stated exclusive of any taxes, levies, duties, or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”). Customer will be responsible for paying all Taxes associated with its purchases, except for those taxes based on our net income.
Downgrade for Non-Payment
If any fees owed to us by Customer (excluding amounts disputed reasonably and in good faith) are three (3) days or more overdue, we may, without limiting our other rights and remedies, downgrade any Premium Services to free plans until those amounts are paid in full. Customer acknowledges and agrees that a downgrade will result in a decrease in certain features and functionality and potential loss of access to data contained in paid-features and services. Premium Services auto-renew until cancelled, so long as a valid payment method exists on your account.
Limitation of Liability
OTHER THAN IN CONNECTION WITH A PARTY’S INDEMNIFICATION OBLIGATIONS HEREUNDER, IN NO EVENT WILL EITHER CUSTOMER’S OR GOODSEED’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE THESE TERMS (WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY) EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER FOR PREMIUM SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE LAST EVENT GIVING RISE TO LIABILITY. THE FOREGOING WILL NOT LIMIT CUSTOMER’S PAYMENT OBLIGATIONS UNDER THE “PAYMENT OBLIGATIONS” SECTION ABOVE.
IN NO EVENT WILL EITHER CUSTOMER OR ANY MEMBER OF GOODSEED HAVE ANY LIABILITY TO THE OTHER PARTY OR TO ANY THIRD PARTY FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER WILL NOT APPLY ONLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
The limitations under this “Limitation of Liability” section apply with respect to all legal theories, whether in contract, tort or otherwise, and to the extent permitted by law. The provisions of this “Limitation of Liability” section allocate the risks under these Terms between the parties, and the parties have relied on these limitations in determining whether to subscribe to Premium Services and the pricing for the Premium Services according to these Terms.
We will not be liable by reason of any failure or delay in the performance of our obligations on account of events beyond our reasonable control, which may include denial-of-service attacks, a failure by a third party hosting provider or utility provider, strikes, shortages, riots, fires, acts of God, war, terrorism, pandemics, and governmental action.
Please contact us for any questions regarding our terms of sale.