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Terms of Service

Last updated: May 22, 2026

Welcome and thank you for your interest in Goonova! These Terms of Service (this "Agreement" or these "Terms") describe the terms and conditions applicable to your use of the Goonova mobile application (the "Mobile App"), and your use of our services and software provided on or through the Mobile App, and any services, content, communications, and product features relating to the Mobile App and as set forth in these Terms (collectively with the Mobile App, the "Services"). The Mobile App is owned and operated by Northwind Jack Co., Ltd., a company incorporated under the laws of Thailand, and its affiliates and subsidiaries (collectively the "Company", "we" or "us").

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS BY USING OUR SERVICES.

These Terms of Service (this "Agreement" or these "Terms") form a binding agreement between you as a user ("you" or "your") and us and shall be the equivalent of a written paper agreement between you and us. The effective date of this Agreement is when you accept or are deemed to accept this Agreement as discussed below.

NOTE: THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION WITH A CLASS ACTION WAIVER. PLEASE REVIEW SECTION 29 BELOW BEFORE ACCESSING OR USING OUR SERVICES.

We reserve the right to make modifications to these Terms at any time and for any reason. Please check these Terms regularly to ensure you are aware of any modifications made by us. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to these Terms of Service, you must immediately stop using our services.

1. Platform Services

Our Services include the following: (i) a personal sexual wellness session tracking platform that allows users to log sessions with duration, stroke count (strokes per minute via Apple Watch), and frequency data; (ii) AI-powered personalized coaching insights generated from your session data, which are an optional, opt-in feature that runs on a separate, separately-togglable AI-processing consent (see Section 5); (iii) optional social features including leaderboards and friend sharing, each with granular privacy controls; and (iv) subscription access to premium features via the Apple App Store. You acknowledge and consent to our discretion in modifying, updating, or otherwise altering these Services. Please be aware that the availability and functionality of connected devices such as Apple Watch are governed by their respective terms of use.

2. AI Features

AI Coaching Insights and any other AI-powered functionality the Services may offer in the future run on machine-learning models provided by our third-party cloud hosting and large language model partners. Anything those models produce for you (referred to in these Terms as your "Coaching Output") is generated automatically and may be incomplete, inconsistent, or factually wrong. We make no representation that any Coaching Output is accurate, complete, or fit for any particular purpose, and your reliance on it is at your own risk.

Coaching Output is not medical, psychological, sex-therapy, counseling, or other professional advice, diagnosis, or treatment, and you should not treat it as if it were. Always check with a qualified healthcare professional before acting on anything your Coaching Output appears to suggest about your health. We pick which cloud hosting and large language model partners we run on and may switch over time; the "Changes to this Privacy Policy" section of our Privacy Policy governs how we notify you of material changes to how we handle your information. The inputs we send to those models and the Coaching Output they return are not used to train the underlying models.

To the fullest extent applicable law permits, the Company disclaims all liability tied to your reliance on Coaching Output. AI Coaching Insights is opt-in only: you grant consent through a separate prompt at sign-up, and you can revoke it at any time, as described in Section 5.

3. Acknowledgement and Disclaimers

By using our Services, you acknowledge and agree to the following:

  1. Our Services are for general personal wellness tracking and informational purposes only. You should not rely on this information as a substitute for, nor does it replace medical advice, diagnosis, or treatment. Nothing stated or posted on our Services or provided by us is intended to be, and must not be taken to be, the practice of medical, mental health, sex therapy, physical therapy, professional or counseling care. You acknowledge that information on our platform does not come from licensed medical doctors or therapists and that we do not diagnose or treat any illnesses, injuries or diseases, or prescribe medicine for treatment of any disease.

  2. The Services, including all information, text, photographs, images, illustrations, graphics, audio, video, and audio-video clips, and other materials, whether provided by us or via connected devices, is not intended to be and should not be used in place of (a) the advice of your physician or other medical professionals, or (b) a visit, call, or consultation with your physician or other medical professionals.

  3. Should you have any health-related questions, please call or see your physician or other medical provider promptly. You should never disregard medical advice or delay in seeking medical advice because of any information presented on the Services, and you should not use the Services or any information provided in the Services for diagnosing or treating a health problem. The transmission and receipt of Services, in whole or in part, or communication via the internet, email, or other means does not constitute or create a doctor-patient, therapist-patient, or other healthcare professional relationship between you and us.

  4. The Company is not a "covered entity" or "business associate" as defined under the U.S. Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), and the health-adjacent information you provide through the Services is not protected health information subject to HIPAA protections. Your data is governed by our Privacy Policy and applicable data-protection laws (such as Thailand's PDPA and applicable U.S. state privacy laws), not HIPAA. You should not use the Services to store or transmit information that you believe requires HIPAA-level protection.

  5. Goonova does not provide therapy, sex therapy, mental health counseling, or any form of professional behavioral health services. AI Coaching Insights are generated by an automated system and are not a substitute for professional care.

  6. You should always consult a physician before making any changes to your health or activity based on information provided through the Services, or if you have any questions regarding a medical condition. We are not responsible for any health problems that may result from information you learn about through the Services. If you make any change to your activity based on the Services, you agree that you do so fully at your own risk.

  7. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL "911" OR YOUR RELEVANT EMERGENCY NUMBER IMMEDIATELY.

4. General

Subject to the terms of this Agreement, you are responsible for your use of the Services, and for any information, content, reports, data, databases, graphics, interfaces, web pages, text, files, software, product names, company names, trademarks, logos and trade-names (collectively, the "Content") you post to the Services, any Content you access from the Services, and for any consequences thereof.

5. Privacy and Required Consents

By accessing or using the Services, you intend to and expressly agree to be bound by all the terms and conditions of this Agreement and our Privacy Policy (the "Privacy Policy"), which is incorporated herein by reference. If you do not agree to these terms and conditions, you may not use the Services. Any information that you provide to us is subject to the Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use of your information as set forth in the Privacy Policy.

Required consents at sign-up. Creating a Goonova account requires you to: (a) accept these Terms; (b) accept the Privacy Policy; and (c) acknowledge our Community Guidelines, which also govern your use of the Services. You provide these consents by ticking the consent checkbox on the sign-up screen. If you do not provide them, you cannot create an account.

Separate, optional AI processing consent. AI Coaching Insights involves processing of your session data (including health-related data such as heart rate from connected devices) by our third-party cloud hosting and large language model partners. Consent to that processing is captured via a separate, optional prompt on the sign-up screen, presented independently of your acceptance of these Terms and the Privacy Policy. You may decline AI processing at sign-up and still create and use a Goonova account; the rest of the Services (session logging, statistics, community features, Apple Watch sync, subscriptions) work without AI Coaching Insights.

Withdrawal of AI processing consent. You may withdraw your consent to AI processing at any time from the "Share Data with AI Provider" toggle in the Privacy & Friends section of the app. Withdrawal only pauses the AI Coaching Insights (Insight) tab; the rest of the Services, including any active subscription, continues to function. You may re-grant your consent in one tap to resume receiving personalized coaching.

6. Cookie Consent and Tracking Technologies

Our marketing website may use cookies and similar tracking technologies, including pixels, tags, and analytics SDKs, to operate the site and to support analytics and service-improvement activities. Where required by applicable law, you will be presented with a cookie-consent mechanism that allows you to accept, decline, or customize your tracking preferences. Certain cookies that are strictly necessary for the site to function are not subject to your opt-out preference. Your tracking preferences can be updated at any time through the cookie settings available on the site. The Mobile App does not currently rely on third-party advertising cookies, and we do not engage in cross-context behavioral advertising or sell personal information for monetary consideration; see our Privacy Policy for further details. If you decline non-essential tracking, certain analytics-based features of the Services may be limited or unavailable. Your use of the Services following your selection of tracking preferences constitutes your acknowledgment of and agreement to the tracking practices described in the Privacy Policy.

7. Accounts

Some Services offered by the Company require you to create an account. Goonova accounts are created via Apple Sign-In or Google Sign-In. Users are identified within the Services by their chosen display name. You are responsible for keeping your device and account credentials secure and confidential. You agree to inform us immediately if you suspect that your account or login information has been compromised. You may not create more than one account on our Services.

8. Eligibility

By using our Services, you represent and warrant that you:

  • Are at least 18 years of age;
  • Are legally qualified to enter a binding contract with us;
  • Are not prohibited by applicable law from using our Services;
  • Do not have more than one account on our Services; and
  • Have not previously been removed from our Services by us, unless you have our express written permission to create a new account.

If at any time you cease to meet these requirements, we reserve the right to delete your account with us and to delete all Content uploaded by you to our Services. Failure to meet these minimum requirements may be grounds for the Company to deny you access to the Services. The Company shall have sole discretion to mandate, interpret, and enforce any such minimum requirements.

9. Age-Restricted Content

All features and functionalities of the Services are restricted to users who are 18 years of age or older. Goonova is a sexual wellness application and is not directed to minors. There are no portions of the Services available to users under 18. By creating an account and using the Services, you confirm that you meet this age requirement.

The Company reserves the right to implement technical measures to verify user age and restrict access. Users who misrepresent their age assume all associated risks and liability, and the Company shall have no liability arising from such misrepresentation.

10. Content

Our Services may enable you to provide feedback, text, information, and other content (collectively, "Content"). By providing Content, you grant us a non-exclusive, worldwide, royalty-free license to host, store, reproduce, display, process, and transmit that Content solely for the purposes of operating, providing, supporting, securing, and improving the Services for you, and (with your separate AI processing consent, where applicable) for delivering AI Coaching Insights as described in our Privacy Policy. We will not sell your Content, license your Content to third parties for their independent use, or use your Content for marketing or advertising. The license terminates when you delete the Content or your account, except (a) where retention is required by applicable law (e.g. tax records), (b) for de-identified and aggregated data that no longer identifies you, or (c) for residual backup copies that will be purged on their normal rotation. If Content includes personal information, our Privacy Policy governs that information. You are solely responsible for all Content you provide and warrant that you either own it or are authorized to grant us the limited license above. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party.

You hereby represent and warrant that any Content you provide:

  • Is not created solely for the purpose of advertising or other commercial content;
  • Does not contain spam, unwanted contact, or content that is shared repeatedly in a disruptive manner;
  • Does not endorse or promote illegal or harmful activity, is not violent, graphic, threatening, or harassing;
  • Does not attempt to impersonate another person, account, or entity, including a representative of the Company;
  • Is not illegal and does not violate another person's or entity's rights, including intellectual property rights and privacy rights; and
  • Does not contain another person's private or confidential information.

11. Your Interactions with Other Users

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS, AND YOU AGREE TO TAKE ALL REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR INTERESTS AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY INJURY POTENTIALLY INCURRED BY ITS USERS.

Moderation we perform. The Company applies the following content-moderation measures to user-generated content within the Services: (i) automated filtering of certain user-submitted fields (including display names and session notes) for prohibited language at the time of submission, with submissions failing the filter rejected and not stored; (ii) an in-app user-reporting flow that lets you report another user's display name from the leaderboard or friends list, which writes a moderation record to our internal queue and triggers operational alerts; and (iii) operational review of submitted reports with a target response of twenty-four (24) hours. Enforcement actions may include warnings, content removal, temporary suspension, or permanent account termination, as described in Section 7 of our Community Guidelines.

What we do not do. Other than as described above and in our Community Guidelines, the Company does not perform identity verification, background checks, or pre-screening of users, and reserves the right (but is under no obligation) to expand or modify its moderation measures at any time.

12. Compliance with Laws

You agree to use the Services only for lawful purposes, and to conduct any transaction that uses the Services in accordance with all applicable laws and regulations. You will not use the Services for any fraudulent or illegal activity.

13. Fees

In general, we make money by charging fees relating to use of our Services. By using our Services, you agree to pay all fees. Subject to applicable law and as authorized by our agreements with you, we reserve the right to adjust our pricing and fees at any time. We may offer you the opportunity to purchase subscriptions that provide access to the Services, certain content, or products for a specified period of time. Subscriptions are managed through the Apple App Store and processed by RevenueCat. Access to the Services, certain content, or products included in subscription may change from time to time, as we introduce new features, develop our existing offering and sometimes retire features that are not working out as planned. You may purchase a subscription on a recurring basis disclosed to you prior to your purchase by paying a subscription fee plus applicable taxes in advance.

Rate Limits. Because what we pay our third-party cloud hosting and large language model partners scales with how often you generate Coaching Output, we may cap how frequently AI-powered features (such as AI Coaching Insights regeneration) can be used. Those caps may take the form of request quotas, cooldown windows between regenerations, or per-tier daily or monthly limits, and we may introduce, change, or remove them at any time at our discretion.

14. Subscriptions

The Company offers users the ability to purchase a subscription for the Services through the Apple App Store (each such purchase, an "App Store Purchase"). If you purchase a subscription, it will automatically renew until you cancel, in accordance with the terms disclosed to you at the time of purchase, as further described below. If you cancel your subscription, you will continue to have access to your subscription benefits until the end of your subscription period, at which point it will expire.

  1. App Store Purchases and Subscriptions. If your App Store Purchase includes an automatically renewing subscription, then your Apple ID account will continue to be periodically charged for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, the subscription will automatically continue for the price and time period you agreed to when subscribing.

    Affirmative consent to automatic renewal. By completing a subscription purchase, you affirmatively consent to the automatic renewal terms disclosed at checkout, including the recurring billing amount, billing frequency, and cancellation procedures. You authorize the Apple App Store to charge your Apple ID payment method on a recurring basis at the intervals disclosed, unless and until you cancel in accordance with the instructions below.

    To cancel a subscription: If you do not want your subscription to renew automatically, or if you want to change or terminate your subscription, you must log in to your Apple ID account and follow instructions to manage or cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the Mobile App from your device. Cancellation must be completed prior to the renewal date to avoid being charged for the next subscription period.

    To cancel a purchase made with your Apple ID, go to Settings > iTunes & App Stores > [click on your Apple ID] > View Apple ID > Subscriptions, then find your Goonova subscription and follow the instructions to cancel. You can also request assistance at https://getsupport.apple.com.

    Deleting the Mobile App or your Goonova account does not cancel your subscription. You must follow the steps above through the Apple App Store to stop future charges.

  2. Refunds. All purchases are subject to the Apple App Store's refund policy. Goonova does not process refunds directly.

  3. Price changes. We may change subscription prices at any time. Price changes will take effect at the start of the next subscription period and you will be notified in advance.

  4. Effect of AI processing consent on subscription. AI Coaching Insights is an optional, opt-in feature. Granting, declining, or later withdrawing AI processing consent (via the "Share Data with AI Provider" toggle in Privacy & Friends) does not affect your subscription, your access to the rest of the Services, or your billing. Subscriptions continue to renew at the next billing cycle unless you cancel them via the Apple App Store; refund eligibility, if any, is determined solely by Apple under the Apple App Store's policies.

  5. Chargebacks and payment reversals. If you initiate a chargeback or otherwise reverse a payment made with your Apple ID, the Company may terminate or downgrade your account immediately in its sole discretion, on the basis that you have determined that you do not want a Company paid subscription.

  6. Charge disputes. If you dispute any charge made in connection with the Services, you must notify us within thirty (30) days after the date of the disputed charge by contacting us at support@goonova.com. Failure to notify us within this period shall constitute your acceptance of the charge.

  7. Renewal and material change notices. Where required by applicable law, we (or the Apple App Store, where Apple delivers such notices on our behalf) will provide advance notice of (i) upcoming automatic renewals, or (ii) any material changes to subscription terms, including price increases, in the manner and timeframe required by law. Continued use of the subscription after the effective date of any disclosed change constitutes acceptance of the updated terms, except where cancellation is required to accept such changes under applicable law.

  8. U.S. state-specific automatic-renewal disclosures. The following disclosures apply to subscribers in the listed U.S. states. Because Goonova subscriptions are sold through the Apple App Store, certain notices below may be delivered to you by Apple acting on our behalf; in all cases, the cancellation instructions in the "To cancel a subscription" section above apply.

    • California Residents. This section serves as a clear and conspicuous notice pursuant to California's Automatic Renewal Law (Cal. Bus. & Prof. Code §§ 17600–17606). Your subscription will automatically renew at the end of each subscription period at the then-current rate unless you cancel before the renewal date. The recurring charge amount, billing frequency, and cancellation instructions are disclosed to you at the time of purchase and are available in your Apple ID subscription settings. You may cancel at any time by following the instructions above. We will provide notice of any material changes to your subscription terms, including price increases, before they take effect, and will honor any cancellation made prior to the renewal date.

    • New York Residents. If you have established an automatically renewing subscription for a period of one year or longer, we are required under New York General Obligations Law § 5-903 to provide you with advance notice of the upcoming automatic renewal. We (or Apple acting on our behalf) will notify you no fewer than 15 days and no more than 45 days before the cancellation deadline for such renewal.

    • Illinois Residents. Pursuant to the Illinois Automatic Contract Renewal Act (815 ILCS 601/1 et seq.), for subscriptions with an initial term of one year or longer that automatically renew for a period of one month or longer, notice will be provided no fewer than 30 days and no more than 60 days before the cancellation deadline.

    • Delaware Residents. Pursuant to 6 Del. C. § 2731 et seq., for any subscription with a term of one year or more that automatically renews for a term of one month or more, we will provide written notice of the upcoming renewal no fewer than 30 days and no more than 60 days before the cancellation deadline.

    • Oregon Residents. Pursuant to ORS § 646A.295, automatic renewal terms were disclosed to you prior to purchase. For subscriptions of one year or longer, we will provide advance notice of the upcoming renewal before the cancellation deadline in accordance with Oregon law.

    • Texas Residents. Pursuant to Texas Business & Commerce Code § 601.001 et seq., for subscriptions with a term of one year or more that automatically renew, we will provide you with written notice of the renewal no earlier than 90 days and no later than 30 days before the cancellation deadline.

    • Utah Residents. Pursuant to Utah's Automatic Renewal Contracts Act (Utah Code § 13-70-201), for any subscription that automatically renews for a subsequent term longer than 45 days, we will provide you with a clear and conspicuous notice no fewer than 30 days and no more than 60 days before the renewal date. If your subscription includes a free trial period, we will notify you at least three days before the trial expires.

15. Your License to the Services

Subject to your payment of applicable fees and continued compliance with this Agreement and any separate agreements we may have with you, we hereby grant you a limited, non-exclusive, revocable, non-transferable, non-sublicensable license to access the Services as authorized in these Terms for personal, non-commercial use. Except for the limited license to access the Services identified in the preceding paragraph, you acknowledge that nothing contained in these Terms shall be construed as granting or conferring to you, by implication, estoppel or otherwise, any right, title, or interest to any intellectual property of the Company, our third-party service providers or any other third party.

16. Restrictions On Use

You agree that you will not:

  1. Distribute the Services for any purpose, including, without limitation, compiling an internal database, redistributing or reproducing the Services by way of the press or media or through any commercial network;
  2. Create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, copy, bundle, sell, sublicense, export, merge, transfer, adapt, loan, rent, lease, assign, share, outsource, host, publish, make available to any person or otherwise use, either directly or indirectly, the Services in whole or in part;
  3. Permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of the Company or its licensors;
  4. Probe, scan or test the vulnerability of the Services and any system or network;
  5. Breach or otherwise circumvent any security or authentication measures;
  6. Access, tamper with, or use non-public areas or parts of the Services;
  7. Access, search, or create accounts for the Services by any means other than our publicly supported interfaces;
  8. Circumvent storage space, usage, or transaction limits for improper means;
  9. Create false or misleading session data to manipulate leaderboard rankings;
  10. Use automated scripts, bots, or other automated means to interact with the Services;
  11. Publish or share materials that are unlawful or indecent;
  12. Advocate bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual orientation, disability, or impairment;
  13. Harass or abuse our personnel or representatives or agents performing services on behalf of the Company;
  14. Store, publish or share material that is fraudulent, defamatory, or misleading; or
  15. Violate the law in any way.

17. License Grant to Public Submissions

This Section 17 covers non-private material you choose to send us outside the in-app Content flow (for example, public feedback, suggestions, support correspondence, or material you elect to publish through any future public feature of the Services). It does not cover your private personal information or your private session data, which are handled exclusively under Section 10 and the Privacy Policy.

For such non-private submissions, you grant the Company a non-exclusive, royalty-free, worldwide license to use, display, reproduce, and store the submission solely for the purposes of operating, supporting, and improving the Services and responding to you. The Company is not obligated to compensate you for this license and is not subject to confidentiality obligations regarding such non-private submissions unless specifically agreed in writing or required by law. You represent and warrant that you have the right to grant the license set out above. Section 20 (Feedback) governs the separate, narrower use of ideas and suggestions submitted as Feedback.

18. Suspension of Transactions and Services

Without limiting our ability to terminate under this Agreement or our right to change, modify, suspend or discontinue the Services at any time as set forth elsewhere in these Terms, we also reserve the right to cancel or suspend transactions and/or our Services due to fraud or compliance-related concerns.

19. Third-Party Links and Services

Our Services may contain links to other sites. The Company does not assume responsibility for the accuracy or appropriateness of the information, data, opinions, advice or statements contained at such sites, and when you access such sites, you are doing so at your own risk. In providing links to the other sites, the Company is in no way acting as a publisher or disseminator of the material contained on those other sites and does not seek to monitor or control such sites. A link to another site should not be construed to mean that the Company is affiliated or associated with same.

20. Feedback

If you send or transmit any communications or materials to us by mail, email, telephone, or otherwise, suggesting or recommending changes to the Services, including, without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like ("Feedback"), we are free to use such Feedback and any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, without any attribution or compensation to any party, although we are not required to use any Feedback.

21. Beta Services

You may choose to use Services or features identified as alpha, beta, preview, early access, or evaluation, or words or phrases with similar meanings ("Beta Services") in your sole discretion. If you choose to use any Beta Services, you acknowledge and agree that: (a) Beta Services may not be supported and may be changed at any time without notice; (b) Beta Services may not be as reliable or available as the Services; (c) Beta Services have not been subjected to the same security measures and auditing to which the Services have been subjected; and (d) WE WILL HAVE NO LIABILITY ARISING OUT OF OR IN CONNECTION WITH BETA SERVICES. USE AT YOUR OWN RISK.

22. Assumption of Risks; Release

  1. You understand, acknowledge, and freely assume all risks, including physical, psychological and emotional risks (whether or not foreseeable to us or you), relating to your access or use of our Services. You assume personal responsibility for any injury or harm of any kind (including, but not limited to, physical, psychological or emotional injuries), illness, damage, loss, claim, liability or expense, of any kind or nature, that your person or property may suffer arising out of or in connection with the access or use of our Services.

  2. You understand and acknowledge there is no guarantee that personal information and transactions on our Services or on the internet will be maintained confidential and secure. Your access or use of the Services is at your own risk, and that to the maximum extent permitted by applicable law we assume no liability or responsibility pertaining to our Services, your use of the Services or the receipt, storage, transmission or other use of your personal information.

  3. By accessing or using our Services, you agree to fully release, indemnify, and hold harmless, including costs and attorneys' fees, us from any claim or liability whatsoever and for any damage or injury, personal, financial, emotional, psychological or otherwise, arising at any time out of or in relation to your access or use of our Services.

  4. California Residents. To the maximum extent permitted by law, if you are a California resident, then you expressly agree to waive California Civil Code Section 1542, which states: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." Residents of California are entitled to the following specific consumer rights information: you may contact the Consumer Information Center at (800) 952-5210 or dca@dca.ca.gov of the California Department of Consumer Affairs for consumer inquiries.

23. Indemnity

You always agree to indemnify, defend and hold harmless the Company, its agents, suppliers, licensors, affiliates and their respective directors, officers and employees (collectively, the "Indemnified Parties") against all losses, liabilities, suits, claims, actions, costs, damages and expenses (including, without limitation, reasonable attorneys' fees and expenses) sustained, incurred or paid by any Indemnified Party directly or indirectly resulting from, arising out of, relating to or in connection with: (i) violation of these Terms by you or other person using your account or credentials; (ii) your access to or use of the Services; (iii) any information used, stored, or transmitted in connection with your account or credentials; (iv) breach of the rights of any third party, including but not limited to privacy, publicity, intellectual property, or other proprietary rights, by you or anyone using your account or credentials; or (v) violation of any law, regulation, or other legal requirement. This paragraph is intended to be applicable to the maximum extent allowed by law.

24. Limitations on Liability and Disclaimers

  1. NO WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED IN A SEPARATE AGREEMENT WITH YOU, THE SERVICES ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS, OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO UNINTERRUPTED OR ERROR-FREE OPERATION, AVAILABILITY, ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, LEGALITY, SUITABILITY, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.

  2. NO SPECIAL DAMAGES. IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO: DAMAGES FOR LOSS OF USE, LOST PROFITS OR LOST SAVINGS, EVEN IF THE COMPANY OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.

  3. ADDITIONAL LIMITATION. IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE FOR DAMAGES OR LOSSES RESULTING FROM: VIRUSES, DATA CORRUPTION, FAILED MESSAGES, TRANSMISSION ERRORS OR PROBLEMS; TELECOMMUNICATIONS SERVICE PROVIDERS; LINKS TO THIRD PARTY WEBSITES; THE INTERNET BACKBONE; PERSONAL INJURY; THIRD PARTY CONTENT, PRODUCTS OR SERVICES; DAMAGES OR LOSSES CAUSED BY YOU OR YOUR RESPECTIVE EMPLOYEES, AGENTS OR SUBCONTRACTORS; LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES, INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA; THE USE OR INABILITY TO USE THE SERVICES; ANY OTHER APPLICATION ACCESSED TO OR FROM THE SERVICES; OR EVENTS BEYOND THE REASONABLE CONTROL OF THE COMPANY.

  4. AGGREGATE LIABILITY. IN NO CASE WILL THE COMPANY, ITS AFFILIATES', AGENTS', LICENSORS', SUPPLIERS' AND THEIR RESPECTIVE DIRECTORS', OFFICERS' AND EMPLOYEES' CUMULATIVE TOTAL LIABILITY FOR ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, TORT, NEGLIGENCE, GROSS NEGLIGENCE OR OTHERWISE) ARISING UNDER OR RELATING TO THE SERVICES BE MORE THAN THE VALUE OF THE FEES ACTUALLY PAID TO US BY YOU DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE OF ANY CLAIM GIVING RISE TO SUCH LIABILITY.

  5. TIME-BAR. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM, ACTION, OR PROCEEDING ARISING OUT OF OR RELATING TO THE SERVICES OR THIS AGREEMENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE EVENT GIVING RISE TO THE CLAIM OCCURS. OTHERWISE, SUCH CLAIM IS PERMANENTLY BARRED.

25. Term and Termination

  1. We may, at any time and in its sole discretion, without prior notice, and without any liability to you, modify or discontinue any portion of our Services, either temporarily or permanently.

  2. The Company reserves the right to immediately suspend or terminate the account of any user who is determined to be under 18 years of age, or who has misrepresented their age in connection with the Services.

  3. At any time and in our sole discretion, without prior notice, and without any liability to you, we may (i) cancel or deactivate your account; or (ii) temporarily or permanently, suspend, restrict, or terminate access to any or all of Services for any reason or for no reason. We are under no obligations to disclose its reason for any termination or suspension of the Service to you or generally.

  4. In the event of any termination of this Agreement, discontinuation of all Services, or termination of your right to access all Services: (i) all fees and amounts payable to us by you shall immediately become due; (ii) we may delete any of your user data without any liability to you, provided that we also reserve the right to retain your user data for a reasonable period following termination; and (iii) we may cancel any open transactions that are pending at the time of the termination.

  5. Effect of AI processing consent withdrawal on the Services. Withdrawing your AI processing consent does not terminate your account or end your access to the Services. The AI Coaching Insights (Insight) tab is paused for as long as the consent toggle is off; the rest of the Services, including session logging, statistics, community features, Apple Watch sync, and your subscription, continues to function normally. You may re-grant consent at any time in one tap to resume personalized coaching. If you wish to terminate your account, use the in-app "Delete Account" flow in your account settings.

  6. The provisions of these Terms relating to indemnification, our limitations of liability and disclaimers, your warranties and any other provisions which by their terms should reasonably survive termination, shall survive termination of the Services or this Agreement.

26. Separate Agreement

From time to time, we may enter into separate agreements to govern your use of the Services. Except otherwise replaced by the terms of such separate agreements, these Terms shall govern and control with respect your use of the Services.

27. Notices

We may provide you with notices in any of the following methods: (1) via the Services, including by a banner or pop-up within the Mobile App; (2) by email, sent to the email address associated with your account; and/or (3) through any other means you have provided us. Such notice to you will be deemed received and effective upon receipt or twenty-four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice.

28. Community Guidelines

Your use of the Services is also governed by our Community Guidelines, which are incorporated into these Terms by reference. Violation of the Community Guidelines may result in suspension or termination of your account.

29. Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY, AS IT LIMITS THE MANNER IN WHICH YOU MAY SEEK RELIEF, AND REQUIRES YOU ARBITRATE DISPUTES WITH US.

Try to resolve disputes informally first. Most disagreements can be sorted out without formal proceedings. Before either of us starts arbitration or files in small claims court, you and the Company agree to spend at least thirty (30) days trying to work things out directly. The party raising the dispute kicks off that process by sending the other side a written description of what happened and what resolution they are seeking. If you are the one raising the dispute, please send your notice to support@goonova.com and to the legal address in Section 38 (Support), and please include your full name, the email address associated with your account, a current mailing address, contact details for any attorney representing you, and a clear statement of the remedy you want. If we are the ones raising the dispute, we will write to the email address we have on file for your account. Any statute of limitations or filing deadline that applies to the dispute is paused for the duration of this thirty-day informal period.

Arbitration. Except for disputes in which either party seeks equitable and other relief for the alleged unlawful use of intellectual property, copyrights, trademarks, trade names, logos, trade secrets or patents, any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, will be determined by binding arbitration administered by the Thai Arbitration Institute (TAI) in accordance with its rules. The seat of arbitration shall be Bangkok, Thailand. The language of arbitration shall be English. The arbitral award shall be final and binding. Disputes will not be resolved in any other forum or venue. You agree that any arbitration will be conducted by a sole arbitrator.

NOTICE: BOTH YOU AND THE COMPANY ARE AGREEING TO HAVE ALL DISPUTES, CLAIMS OR CONTROVERSIES ARISING OUT OF OR RELATING TO THIS AGREEMENT DECIDED BY NEUTRAL BINDING ARBITRATION AND ARE GIVING UP ANY RIGHTS IT MIGHT POSSESS TO HAVE THOSE MATTERS LITIGATED IN A COURT OR JURY TRIAL. BY AGREEING TO THIS ARBITRATION AGREEMENT, BOTH YOU AND THE COMPANY ARE GIVING UP THEIR RESPECTIVE JUDICIAL RIGHTS TO DISCOVERY AND APPEAL EXCEPT TO THE EXTENT THAT THEY ARE SPECIFICALLY PROVIDED FOR UNDER THIS AGREEMENT. BY AGREEING TO ARBITRATION, YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. IF ANY PARTY REFUSES TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, THAT PARTY MAY BE COMPELLED TO ARBITRATE UNDER APPLICABLE LAW. BOTH YOU AND THE COMPANY CONFIRM THEIR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY.

Exceptions. Nothing in this Section 29 shall be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through an applicable governmental agency where that action is available; (c) seek injunctive or other equitable relief in a court of law to address an intellectual property infringement claim or other irreparable harm; or (d) file suit in a court of law to address an intellectual property infringement claim.

30. Governing Law

This Agreement shall be governed pursuant to the laws of the Kingdom of Thailand, without regard to principles of conflict of laws. You agree that the Company may initiate a proceeding related to the enforcement or validity of the Company's intellectual property rights in any court having jurisdiction. With respect to any proceeding that is not subject to arbitration under this Agreement or policies incorporated herein, you agree that any proceedings shall be in the courts of Bangkok, Thailand. You waive any objection to venue and to submit to personal jurisdiction in any such courts.

31. Jurisdictional Limitations

Some places do not permit certain warranty exclusions or limits on incidental and consequential damages. Where local law overrides any provision of these Terms, that provision applies only as far as the law allows, and the rest of these Terms remain fully in force. The Company operates the Services from its principal place of business in Thailand; if you choose to access the Services from somewhere else, you are responsible for complying with whatever laws apply where you are.

32. Interpretation

The division of this Agreement into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement. In this Agreement, words importing the singular number include the plural and vice versa; words importing gender include all genders; and words importing persons include individuals, sole proprietors, partnerships, corporations, trusts and unincorporated associations.

33. Entire Agreement

This Agreement as it may be amended from time to time in accordance with these Terms, and all other legal notices and policies, constitutes the entire agreement between you and the Company with respect to the use of the Services.

34. Amendment and Waiver

The Company reserves the right, in its discretion, to amend this Agreement at any time by posting amendments through the Services. You are responsible for periodically reviewing the amendments, and you are deemed to be aware of such amendments. If you do not agree to the amended terms and conditions, you shall immediately stop using the Services. Access to or use of the Services after any amendments have been posted shall constitute your acknowledgement and acceptance of the amended terms and conditions. No supplement, modification or amendment to this Agreement and no waiver of any provision of this Agreement shall be binding on the Company unless executed by the Company in writing. No waiver of any of the provisions of this Agreement shall be deemed to be or shall constitute a waiver of any other provision (whether or not similar) nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.

35. Severability

Any provision of this Agreement which is held by a court of competent jurisdiction to be illegal, invalid or unenforceable in such jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such illegality, invalidity or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of this Agreement or affecting the legality, validity or enforceability of such provision in any other jurisdiction.

36. Inurement

This Agreement shall inure to the benefit of and be binding upon each of us and our respective successors and permitted assigns. You acknowledge having read this Agreement before accepting it, having the authority to accept this Agreement and having received a copy of this Agreement.

37. Assignment

You shall not assign or transfer any of your rights or obligations under this Agreement without our prior written consent, which we may withhold at our sole and absolute discretion. Any actual or attempted assignment hereof by you contrary to the terms of this Agreement shall be null and void. We may, at its discretion, assign some or all our rights or obligations to a third party, without your consent or approval. If we are acquired by, sold to, or merged with a third-party entity, we reserve the right to transfer or assign all your user data as part of such merger, acquisition, sale, or change of control.

38. Support

Please direct questions, complaints, or issues to support@goonova.com. Hours of support are Mon to Fri, 10:00 AM to 6:00 PM (ICT).

The Company's legal address for service of process and contractual notices is:

Northwind Jack Co., Ltd. No. 60/18, Kanya House Village, Moo 4, Soi Changwattana-Pak Kret 25, Changwattana Road, Khlong Kluea Subdistrict, Pak Kret District, Nonthaburi 11120, Thailand Email: support@goonova.com

39. Apple App Store: Additional Terms

The Goonova Mobile App is licensed (not sold) to you on Apple devices distributed through the Apple App Store. The following terms apply in addition to the rest of this Agreement and govern the relationship between you, the Company, and Apple Inc. ("Apple") with respect to the Mobile App. If there is any conflict between this Section 39 and the rest of these Terms with respect to the Apple-distributed Mobile App, this Section 39 controls.

  1. Acknowledgement. You and the Company acknowledge that these Terms are concluded between you and the Company only, and not with Apple. Apple is not a party to this Agreement. The Company, not Apple, is solely responsible for the Mobile App and the content thereof. You agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Mobile App.

  2. Scope of License. The license granted to you in Section 15 of these Terms for the Mobile App is limited to a non-transferable license to use the Mobile App on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the Mobile App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing, where supported by Apple.

  3. Maintenance and Support. The Company is solely responsible for providing any maintenance and support services with respect to the Mobile App, as specified in these Terms or as required under applicable law. You and the Company acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Mobile App.

  4. Warranty. The Company is solely responsible for any product warranties with respect to the Mobile App, whether express or implied by law, to the extent not effectively disclaimed in these Terms. In the event of any failure of the Mobile App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Mobile App (if any) to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Mobile App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the Company's sole responsibility.

  5. Product Claims. You and the Company acknowledge that, as between Apple and the Company, the Company, not Apple, is responsible for addressing any of your or any third party's claims relating to the Mobile App or your possession and/or use of the Mobile App, including but not limited to: (i) product liability claims; (ii) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the Mobile App's use of HealthKit or any other framework that handles sensitive data.

  6. Intellectual Property Rights. You and the Company acknowledge that, in the event of any third-party claim that the Mobile App or your possession and use of the Mobile App infringes that third party's intellectual property rights, the Company, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

  7. Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

  8. Developer Name and Contact. The Company's developer of record for the Mobile App is Northwind Jack Co., Ltd., contactable at support@goonova.com. Any questions, complaints, or claims with respect to the Mobile App should be directed to the Company at that address.

  9. Third-Party Beneficiary. You and the Company acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.