GOTAVI LLC - TERMS OF SERVICE

Welcome to Gotavi LLC ("Gotavi," "our," "Platform," "we," or "us"). These Terms of Service ("Terms") govern your access to and use of our platform, which provides access to a range of business services in support of your business practice (collectively, the "Services"). By using our Platform, you hereby agree to these Terms. If you are subscribing to or accessing the Platform on behalf of a company or other entity, you represent that you have authority to bind that entity and accept these Terms on its behalf.

DEFINITIONS

For purposes of these Terms:

"Beta Services" means any features, functionality, products, or services of the Platform that we make available on a trial, evaluation, limited release, or early-access basis, whether or not designated as beta, pilot, or preview.
“Derived Data” means derivative works, analyses, compilations, statistics, and data resulting from Customer Data, including but not limited to data reflecting general market trends, usage patterns, or industry insights; provided such data is aggregated, anonymized, or de-identified such that it cannot reasonably identify specific individuals or entities but may include general business insights and market analytics.
"Gotavi," "our," "we," or "us" means Gotavi LLC, the owner of the Platform and Services.
"Platform" means the Gotavi LLC website, mobile applications, systems, and any and all technology, Services, or Third-Party Services provided or made available via Gotavi.
"Sensitive Personal Information" means any type or category of personal information that is defined and/or treated as sensitive under applicable U.S. privacy and data protection laws, including, but not limited to, government-issued identifiers, financial account credentials, precise geolocation, health or biometric data, genetic information, contents of private communications, or information revealing racial or ethnic origin, religious beliefs, union membership, or sexual orientation.
"Services" means the suite of business-related products, tools, resources, and features provided through the Platform, which may include consolidated access to administrative, compliance, and operational solutions (e.g. payment services, formation services, insurance services, or other third-party integrations), and which may evolve over time as the Platform is updated, expanded, or modified.
"Third-Party Services" means Services by parties other than Gotavi LLC that may be accessed through and/or integrated with the Platform.
“User Content” means any and all data, documents, records, files, communications, text, images, graphics, audio, video, software code, or other materials, information, or content of any kind that you submit, upload, transmit, store, create, generate, or otherwise make available through or in connection with the Platform, including materials provided directly by you, materials transmitted through third-party integrations or services connected to your account, and any metadata associated with such materials.
"User," "you," or "your" means the individual or entity accessing or using the Services.

1. NATURE OF THE PLATFORM AND OUR SERVICES

Gotavi provides an integrated platform designed to unify and streamline access to essential business services through its integration of third-party solutions, enabling companies to manage core functions through a single, cohesive environment. You acknowledge and agree that the Company is not a law firm, accounting firm, insurance carrier, bank, or financial institution, and does not provide legal, tax, insurance, or investment advice. Any such services are provided solely by independent third-party providers, and your contractual relationship for those services shall be directly with the applicable third party.

You acknowledge and agree that your use of the Platform does not create any agency, partnership, joint venture, fiduciary, or employment relationship between you and Gotavi. We act solely as a technology provider of the Services. We do not owe you or your affiliates any fiduciary duties, financial duties, or obligations beyond those expressly stated in these Terms. Nothing in these Terms shall be construed to give you authority to bind or obligate Gotavi in any manner.

You acknowledge and agree that from time to time, we may make new or experimental features available as Beta Services. Beta Services are provided on an "as-is" basis, may contain defects or errors, and may be discontinued at any time without notice. Gotavi disclaims all warranties and liability relating to Beta Services, and you assume all risks associated with their use. For avoidance of doubt, we are not liable for any impact on your business operations caused by any updates, expansions or other modifications made to the Services.

Certain Third-Party Services may be provided by entities with common ownership or management with Gotavi, and Gotavi may implement and maintain appropriate controls to manage any potential conflicts relating thereto.

2. THIRD-PARTY SERVICES

Third-Party Services made available through the Platform are offered and maintained solely by the respective providers under their own terms, conditions, and privacy policies. You acknowledge and agree that those providers are responsible for the delivery, quality, and performance of their services. Gotavi acts only as a technology intermediary, does not control or endorse Third-Party Services, makes no representations or warranties regarding them, and disclaims all liability arising out of or related to your use of them. Gotavi is not responsible for the acts, omissions, errors, or failures of any third-party provider, including any delays, inaccuracies, or interruptions caused by their systems. Any claims relating to Third-Party Services must be directed to the applicable provider. Gotavi shall not be held responsible for any third-party provider's performance, availability, pricing changes, service modifications, mistakes, negligence, and/or failures.

By using the Platform to access Third-Party Services, you consent to be bound by such providers' additional terms of service, which are incorporated herein by reference. You are solely responsible for reviewing and accepting the terms of service for all applicable Third-Party Services on their respective websites or elsewhere, including any amendments or modifications thereto, and shall be responsible for maintaining compliance with any such third-party terms.

3. USER RESPONSIBILITIES & ACCESS

Your access to and use of the Platform is conditioned on compliance with the following account and user responsibilities.

To access and use the Platform, you must maintain an active account with accurate and up-to-date company and contact information. You are solely responsible for maintaining the confidentiality and security of your account credentials and devices, and for all actions, transactions, and communications that occur under your account, whether authorized by you or not. Gotavi is entitled to rely on any instructions or actions taken through your account without further verification. You agree to promptly notify Gotavi of any unauthorized use of your account, credentials, or suspected security breach, understanding that you remain responsible for all resulting activity until such notice is received and acknowledged by us.

You acknowledge and agree that account security and lawful use remain your sole responsibility. Gotavi reserves the sole and absolute right, without liability, to immediately suspend, restrict, or terminate any account that it reasonably believes is compromised, inaccurate, inactive, misused, or otherwise poses a risk to the Platform, other users, or Gotavi’s business or legal interests.

You agree not to use the Platform to submit false or misleading information, engage in fraudulent or unlawful activity, violate anti-money laundering or financial regulations, circumvent obligations with Third-Party Services, or interfere with the security, functionality, or data integrity of the Platform or related services.

You are solely responsible for (i) the accuracy and legality of any information you submit, provide, or make available to the Platform, (ii) compliance with your own legal, tax, and regulatory obligations, and (iii) maintaining the confidentiality and security of your account credentials and devices, and all activity occurring under your account, whether authorized by you or not.

You further represent and warrant that your use of the Services, and any data or materials you provide, will comply with all applicable laws and regulations, will not infringe or misappropriate the rights of any third party, and will not cause Gotavi to violate any law or obligation.

4. PAYMENT TERMS

Payment for Services is processed through third-party payment providers. You agree to provide accurate payment information and direct and authorize Gotavi and its payment processors to charge applicable fees. All fees are due when incurred unless otherwise specified. We may modify fees or pricing for Services upon reasonable notice.

All sales and orders placed for Services are final and non-refundable. Once an order is received and payment is processed, processed fees are non-refundable. Notwithstanding the foregoing, Gotavi reserves the right, in its sole discretion, to issue refunds or credits in exceptional circumstances.

5. INTELLECTUAL PROPERTY

All rights, title, and interest in and to the Platform, Services, and related intellectual property are owned by Gotavi or our licensors. Except as expressly stated, no rights are granted to you other than the limited right to access and use the Services in accordance with these Terms.

You retain ownership of any User Content you upload or submit through the Platform ("Customer Data"). By submitting Customer Data, you grant Gotavi a non-exclusive, worldwide, royalty-free license to host, use, process, transmit, display, and otherwise handle such Customer Data as necessary to operate, provide, maintain, and improve the Services, to comply with applicable law, and to perform legitimate and other business functions described further in the Privacy Policy attached hereto.

Notwithstanding the foregoing, you acknowledge and agree that Gotavi may create Derived Data. Gotavi retains all rights, title, and interest in and to such Derived Data and may use, disclose, commercialize, and otherwise utilize such Derived Data for any lawful business purpose, such as analytics, research, benchmarking, product and service development, quality assurance, security, usage monitoring, customer support, marketing and advertising, strategic planning, and other business development activities, provided such data does not reasonably identify specific individuals or entities. If you provide Gotavi with any suggestions, ideas, enhancements, improvements, recommendations, or other feedback relating to the Platform (“Feedback”), you grant Gotavi a perpetual, irrevocable, worldwide, royalty-free, fully transferable and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, commercialize, and otherwise apply such Feedback in any form and for any purpose, including the development, improvement, marketing, and provision of the Platform and related services, without restriction, compensation or obligation to you.

6. DATA PRIVACY & SECURITY

Use of the Services is subject to our Privacy Policy, attached hereto as Exhibit A and incorporated by reference. By using the Platform, you acknowledge that you have read and agree to the Privacy Policy in full, including our collection, use, and disclosure of personal information as described therein; that certain categories of information (such as Sensitive Personal Information) may require your explicit consent, which may be obtained separately during the registration process; and that you may withdraw consent, limit our use of your data, disable cookies or tracking technologies, or request that we do not sell or share your data, as described further in the Privacy Policy.

In the event of any actual or suspected unauthorized access to, or disclosure of, personal information or other data (a “Security Incident”), Gotavi will use commercially reasonable efforts to notify you promptly and cooperate in incident response, but our obligations are limited to those required by applicable law and you shall remain solely responsible for your own incident response procedures and regulatory requirements.

7. DISCLAIMER OF PROFESSIONAL ADVICE

You acknowledge and agree that Gotavi does not provide legal, tax, insurance, financial, investment, or other professional advice, opinions, or recommendations, whether through the Platform, marketing materials, customer support, or otherwise. Any information made available through the Platform or related communications is provided solely for general informational purposes and should not be relied upon as a substitute for professional advice.

You are solely responsible for obtaining independent professional advice before making decisions based on information obtained through the Services. Gotavi expressly disclaims any responsibility or liability for your reliance on such information, and you agree that you will not assert any claim against Gotavi based on alleged advice, guidance, or recommendations.

8. DISCLAIMERS AND WARRANTIES; LIMITATION OF LIABILITY

(a) Disclaimers and No Warranties

The Platform and Services are provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind. Gotavi expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Gotavi makes no representation, warranty, or guarantee that the Services will be uninterrupted, timely, secure, or error-free, or that any information provided through the Services will be accurate, complete, or reliable. Specifically, Gotavi will use commercially reasonable efforts to maintain Platform availability, but makes no specific uptime guarantees due to its reliance on third-party providers. In the case that we become aware of any scheduled maintenance that may affect service availability, we will use reasonable efforts to provide you with advance notice of any such maintenance.

(b) Limitation of Liability

To the maximum extent permitted by law, Gotavi shall not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages. Our total liability to you for all claims relating to the Platform or Services will not exceed the greater of: (i) the fees earned by you pursuant to a separate written agreement and unpaid by us in the 12 months before the claim, or (ii) $1,000. You acknowledge that Gotavi is not responsible for errors, delays, or omissions caused by third parties, including third-party providers in connection with the Services.

(c) Indemnity

You agree to defend, indemnify, and hold harmless Gotavi, its affiliates, officers, employees, agents, partners, members, and third-party providers from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from: (i) your use of the Platform or Services; (ii) your violation of these Terms or applicable law; (iii) your User Content or business activities; (iv) any relationships with third-party providers; (v) any breach of your representations and warranties; or (vi) infringement of any third-party rights.

9. TERMINATION

Either party may terminate these Terms for convenience upon thirty (30) days’ prior written notice. Notwithstanding the foregoing, Gotavi may suspend or terminate your access to the Platform, in whole or in part, immediately and without notice if we reasonably believe that you have violated these Terms, engaged in fraudulent, abusive, or unlawful conduct, failed to pay any fees when due, or otherwise created risk or potential legal exposure for Gotavi, the Platform, or other Users. Gotavi may also suspend or terminate the Platform or any part thereof at any time in its sole discretion.

Upon termination for any reason, any rights granted to you hereunder will immediately cease. You will remain responsible for all fees, charges, and liabilities incurred prior to termination. Following any termination hereunder, you may submit a written request to Gotavi to export your Customer Data and other User Content, provided your account is in good standing. For avoidance of doubt, any such export shall exclude any Derived Data, which remains the property of Gotavi. Following such sixty-day period, Gotavi may delete your data in accordance with its standard retention policies, with no further obligation to you. Gotavi has no liability for any suspension or termination, or for any deletion of data following the applicable retention period.

10. FORCE MAJEURE

Gotavi shall not be liable or responsible for any failure or delay in performance, or for any damages, costs, or losses arising from such failure or delay, to the extent caused by events beyond our reasonable control. Such events include but are not limited to natural disasters, fires, floods, epidemics, pandemics, acts of God, acts of government or regulators, labor disputes or strikes, war, terrorism, civil unrest, embargoes, denial-of-service attacks, telecommunications or internet outages, power failures, supply chain disruptions, or failures of third-party providers.

During the continuation of a Force Majeure event, Gotavi's obligations shall be suspended and deadlines extended for a period equal to the duration of such event and any reasonable time thereafter, and Gotavi may, at its discretion, terminate affected Services without liability or obligation to refund fees. You acknowledge that Force Majeure events excuse Gotavi from all liability, including for failure to provide access to the Services, and that you will continue to be responsible for all fees and charges incurred prior to or unaffected by the event.

11. EXPORT CONTROL AND SANCTIONS COMPLIANCE

You may not use or access the Services in violation of U.S. export control or economic sanctions laws. By using the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any restricted country or prohibited entity under U.S. law.

12. DISPUTE RESOLUTION & ARBITRATION

Any disputes will be resolved through binding arbitration in New York, New York, under the rules of the American Arbitration Association. You waive the right to participate in class actions or collective proceedings, and you waive any right to a jury trial. Either party may seek injunctive relief in court to protect intellectual property or confidential information.

13. ENTIRE AGREEMENT

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Gotavi and supersede all prior agreements, understandings, or representations. You acknowledge and agree that you are not relying on any statement, representation, or warranty not expressly included in these Terms or the Privacy Policy. We may update the Terms and the Privacy Policy periodically. Material updates will be communicated through the Platform, via email, or other means. Your continued use constitutes acceptance of all Terms.

14. ASSIGNMENT

You may not assign or transfer these Terms or your rights and obligations hereunder without our prior written consent. Gotavi may freely assign or transfer this agreement in connection with a merger, acquisition, sale of assets, or other corporate transaction.

15. SEVERABILITY & SURVIVAL

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect. Sections relating to intellectual property, indemnification, limitation of liability, governing law, dispute resolution, and any other provisions which by their nature should survive termination, shall survive termination of your use of the Services.

16. GOVERNING LAW

These Terms are governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws provisions.

17. CONTACT INFORMATION

For questions, please contact us at:

Gotavi LLC
103 Norben Rd.
Monsey, NY 10952
Email: support@gotavi.com