This Terms and Conditions mandate (this “Agreement”, “Terms”, “Terms of Service”) is between Gokoolio (“we”, “us”, “System”, “Platform”, “GoKoolio”, or “gokoolio.io”) and the person (“you”, “User” or “Customer”) using our services (“Services” or "Service"). We provide you with access to our System that helps you create funnels and websites, we also manage their content and customization, and we provide hosting services and domains. Listed below are the terms and conditions of using our System. They are necessary in order to maintain good practice and to protect us and yourselves. 

1. Creating an account

To enter the System you need to provide a name, email and a password and to agree to the terms and conditions listed below, as well as our Privacy Policy and our Cookie Policy. It is your responsibility, and yours only, to keep and maintain the safety of your account and password. If the information given by you is untrue, wrongful or in violation of our terms, we can suspend or terminate your account. The email used for the registration of the account is considered as the owner of the account and has the right to request assistance from us regarding the account. You are solely responsible for the activities from your account, and the maintenance and confidentiality of the credentials to access that account.

You must immediately notify us if you know or have any reason to suspect that your Account or password have been stolen, misappropriated or otherwise compromised or in case of any actual or suspected unauthorized use of your Account.

2. Your Content

2.1. You are responsible for any content that is in your websites or funnels, such as images, videos, audio files, design elements, logos, fonts, texts and more. We are not responsible for any of your content. We are also not responsible for content that has been lost because of the use of GoKoolio; it is your obligation to keep it safe and to back-up your content regularly. We do not monitor what content has been used in a site and we are not to be held responsible for anyone breaking the terms and conditions, but we have the right to delete such harmful content or even terminate accounts if deemed necessary.

2.2. You warrant that you either own, or possess the required licenses or permissions with respect to, your content submitted by you to GoKoolio. You own all intellectual property associated with your account such as images, videos, audio files, design elements, logos, fonts, texts and any other materials and files created by you and existing on your website. You hereby grant GoKoolio the non-exclusive, royalty-free, unalterable, interchangeable rights to your website content in order for Us to provide you with GoKoolio’s Services.

2.3. We may choose to highlight or feature your websites or funnels in our website or funnels for marketing or promotional purposes. You grant us a perpetual, worldwide, royalty-free, non-exclusive right and license to use any version of Your Sites, or any portion of Your Sites, including without limitation, names, trademarks, service marks or logos on Your Sites, for the limited purpose of GoKoolio marketing and promotional activities. For example, we may feature Your Sites on our Themes pages, on Customers sections of our sites, or on our social media accounts. You waive any claims against us relating to any moral rights, artists’ rights or any other similar rights worldwide that you may have in or to Your Sites or names, trademarks, service marks or logos on Your Sites and any right of inspection or approval of any such use. This Section does not affect any rights you may have under applicable data protection laws.

2.4 You release all rights to your photos, once incorporated into our designs, funnels and websites. You understand that GoKoolio has the right to use your photos in GoKoolio templates and designs, which may be purchased by our customers. In such circumstances, photo credits will not be given. You have the right to request in writing that your photos not be used in GoKoolio products, beginning on the date of your written request.

3. Your Obligations

3.1. You certify and warrant that you are at least 16 years of age. People under the age of 16 are not permitted to use our services.

3.2. To keep your GoKoolio account login information safe.

3.3. To provide us with up to date, accurate and valid personal information at all times.

3.4. The content materials can not be used in an unlawful or harmful way.

3.5. You must notify us immediately if you become aware of any unauthorized use of your account.

3.6. You must notify us immediately in writing (and notice will be deemed to have been duly given: when received if personally delivered; when receipt is electronically confirmed if transmitted by facsimile or e-mail; the day after it is sent if sent for next day delivery by recognized overnight delivery service; and upon receipt if sent by certified or registered mail, return receipt requested) if you do not give GoKoolio express permission to use your content (including but not limited to photos) in templates, designs, and marketing materials.

3.7. Your content must not be illegal, unlawful, threatening, abusive, harassing, torturous, vulgar or obscene in any way, and must not infringe any person's legal rights.

3.8. You may not send unsolicited messages (SPAM) or any unethical advertising of such sort that is considered as “spam” or harmful in any way (e.g., “junk mail,” “spam,” “chain letters,” “pyramid schemes,” etc.;). You must comply with our Anti-Spam Policy.

3.9. You may not upload viruses, worms, Trojan horses or any other malicious code, files, or programs that may interrupt, destroy, or limit the functions and services of GoKoolio.

3.10. You may not upload content that contains a scam.

3.11. You may not try to hack, break or override the functions and stability of GoKoolio or try to exploit the System in any way.

3.12. You may not use the System to create any scam websites or promotions with misleading content that can harm or scam visitors.

3.13. You may not use GoKoolio for distributing, storing or, in any way, using the System for pornographic or adult content and services.

3.14. You represent and warrant that your use of the Services is not contrary to law, including without limitation applicable export or import controls and regulations and sanctions.

3.15. You can’t in any way try to harm the reputation of GoKoolio, or their partners, by leaving harmful comments, untrue and misleading information about the product or any sort of intentional damage to the reputation of GoKoolio.

3.16. You acknowledge and agree that If you are reasonably found guilty of violating any of these rules and obligations, this may cause immediate termination of your account with no refund for the services that have already been paid for. You may also be forbidden from having an account in the System.

3.17. Email Marketing and Automations - you are not allowed to continually delete and re-import subscribers into your sending account. For example, you can’t be on a plan that allows you to send to 1000 contacts and attempt sending to 10,000 contacts by deleting and importing new subscribers.

3.18. You must be able to verify each subscriber to which you attempt to send an email from the platform. You have to ensure that all subscribers that you add manually or import have provided their consent to receive marketing messages from you. You almost must verify that all email addresses are valid.

4. Third Party Services

Our Services are integrated with various third party services (“Third Party Services”) for specific purposes that you may interact with while using GoKoolio. An example of such services is the Payment Processor used to collect the payments for your subscriptions. These Third Party Services may have their own terms and policies, and your use of them will be governed by those terms and policies. We don't control Third Party Services, and we’re not liable for Third Party Services or for any transaction you may enter into with them, or for what they do. Your security when using Third Party Services is your responsibility. You also agree that we may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to or remove any Third Party Services. We’re not liable to you for any such suspension, disabling or removal, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses you may experience as a result (except where prohibited by applicable law).

5. User Content

The sites created using GoKoolio may contain user content that is in violation of the permitted usage of the platform (“3.Your Obligations”). We do not endorse or support such content. We’re not a publisher of, and we’re not liable for, any User Content uploaded, posted, published or otherwise made available via the Services by you or other users. You're responsible for taking precautions to protect yourself, and your computer or network, from User Content accessed via the Services. Any such content detected or reported to us will be removed as a violation of the allowed usage of the Services.

6. What we provide and our rights

GoKoolio provides a funnel and website building system, design services, templates (themes), email marketing and automations, appointment scheduling, funnel and website hosting from third party companies, website management services, and subdomain leasing services. The images used for the creation of the mockup themes (templates) may belong to us, may have been legally obtained by us, may have been released under Creative Commons CC0, or may have been contributed by GoKoolio customers as outlined in these Terms and Conditions, Section 2.4 and Section 3.6. GoKoolio does not retain any rights to images used for the creation of our themes and designs.

Our custom design services (“Website Custom Design ”, “Funnel Custom Design”, and “Logo Custom Design”) are bound by the following Terms:

• 6.1  These services include design only; content must be provided by the customer.
• 6.2  Gokoolio will honour a 30-day refund period on custom design deposits and custom design balance payments, notwithstanding clause 6.5, below. On refunded custom design work, customers may continue with hosting and DIY access to system themes (templates), but the custom design work will be permanently deleted.
• 6.3  Gokoolio custom design services include 14 days of custom design collaboration, called the “Active Design Period”, beginning when the 25% deposit on the custom design cost is received by Gokoolio, and the 1st draft is accepted for review by the customer.
• 6.4  During the 14-day Active Design period, updates are communicated between customers and Gokoolio designers through email, forms, or Google Meet screen shares. The number of updates allowed can vary with the custom design product purchased.
• 6.5  During the 14-day Active Design period, customers must respond to Gokoolio’s email requests within 48 hours, to remain on the “Active Design Priority List”. Failure to respond to GoKoolio requests within 48 hours during the Active Design period cancels the activated 30-day money back guarantee.
• 6.6  After the 14-day Active Design period ends, customers must sign off that the custom design is complete before they are given access to connect their domain to put the website or funnel live.
• 6.7  After the 14 day Active Design period, the customer will make all subsequent changes, using the builder, unless they purchase additional design time.
• 6.8  The Custom Design service does not include hosting costs, ad hoc services, or domain costs.
• 6.9  Gokoolio reserves the right to serve customers on a First Come First Served Basis, adapting advertised timelines for completion, at our own discretion.
• 6.10 Promotions and discounts may be cancelled by us at any time, regardless of advertised applicable end dates and times.

We have the right to change parts or all of the services and functionalities at any given time, to remove or suspend parts or all of the services and functionalities, or to suspend and terminate access of your Account to parts or all of the services, and to change the eligible criteria of using the Services.   All promotions and discounts may be cancelled by us at any time, regardless of advertised applicable end dates and times. Promotions may have additional Terms & Conditions, which are incorporated by reference. Lifetime deals end if our company ceases to operate or when conditions of the Lifetime Deal are not met.

HTTPS certificates are issued to any correctly connected domain to a funnel or website on GoKoolio . You do not have an option to disable the HTTPS certificates; they are assigned automatically to any new domains, subdomains, or directories connected to GoKoolio.

7. Trial Subscription

GoKoolio provides a 14-day trial subscription to hosting plans, to all newly created websites and funnels, and you can use the services according to the Agreement for the period of those 14 days. Upon completion of those 14 days the website or funnel will become non-active (expired) until the User subscribes for the paid GoKoolio hosting services. The trial period is permitted for you, the User, to be able to test and create up to 1 website and 3 funnels to your liking before committing to a paid subscription. GoKoolio has the right to terminate or cancel trial subscriptions at any time for any reason. We can delete the content of any trial or expired websites or funnels without notice. We are not in any way to be held responsible for any deleted content from a funnel built on GoKoolio. Under the 14-day trial you can also send email marketing campaigns to up to 100 subscribers. All emails and subscribers should comply with our Anti-Spam Policy.

Upon completion of the Trial Subscription period (when you, the User, wish to commit to a paid subscription plan to initiate live hosting), credit card information will be required and the card will be charged, based on the Plan you have chosen. Should payment not be completed, the websites or funnels will remain in Trial Subscription mode until the User subscribes for the paid GoKoolio services, or GoKoolio terminates the Trial Subscription.

8. Service Fees

8.1. Service fees are applicable upon signing up for the paid services of GoKoolio, for custom design and development, or for subscription plans. In the case of subscription plans, subscription fees can be paid monthly or yearly. Payment information is recorded at the time of signing up for subscription services, custom design and development, or other paid services of GoKoolio.

8.2. All Fees are in USD and are exclusive of all taxes and you are responsible for payment thereof. GoKoolio is not liable for any taxes or fees related with commercial products.

8.3. The payment for the applicable fee is in advance of your subscription period according to the Agreement.

8.4. You can upgrade or downgrade your subscription at any time. If upgrading, you will be charged the difference between the two subscription plans for the extra services. Downgrade refunds are applicable only for yearly subscriptions, up to 14 days after the subscription is made. There are NO refunds for monthly downgrades. If downgrading from a yearly subscription, a calculated amount will be refunded to you according to the actual service fees of the two subscription services. Downgrading may cause a loss of information and services due to the difference between the plans.

8.5. Refunds are allowed only for yearly subscriptions, and up to 14 days after the subscription is made. If such a refund is requested by the User, they will be refunded the full amount they have paid, less payment processing fees (note: the refund amount might be subject to transfer taxes that will be for the cost of the User and will be transferred to the card used for paying the initial subscription cost). Refunds are NOT applicable for Custom Design and Development or annual Domain Leasing. Please note the following exception: When “Money-Back Guarantee” is posted on a live GoKoolio website or live ad. In such cases, refunds will be offered upon request, within the posted period of time (number of days after purchase), no questions asked.   There are also no refunds for Email Marketing Addons or other addons.

8.6. GoKoolio subdomains may be leased for $20 USD per year. The fee will be automatically charged on the original subscription date, and will continue to be charged once annually, as long as the subdomain is being used by the customer. There are no refunds for subdomains that have been charged as outlined here.

8.7. At the end of a contract term, the services will be automatically renewed for the same period of time until EXPLICITLY canceled by the User. Cancellation must be made via the System and at least 24 hours prior to the end of the contract period. To cancel your services or to cancel the automatic renewal, please do that by going to your Dashboard → Billing, and select the desired option there.

8.8. If you purchase GoKoolio subscription services, you agree to GoKoolio and third party services using and storing your credit/debit card information. You authorize us to charge you for any GoKoolio Services that you may purchase and any applicable taxes connected with the payment card services. You will reimburse us for all collection costs and interest for any overdue amounts. If the payment card expires or you do not provide us with a new payment card nor cancel your subscription, you authorize us to continue billing you and you will remain responsible for any uncollected Fees.

8.9. You are responsible for the fair usage of your sites and you can be charged for abnormal server or traffic usage on our subscription plans. You will be charged for the resources used by your site.

8.10. Chargebacks - If you contact your bank or credit card company to decline, chargeback or otherwise reverse the charge of any payable fees to us (“Chargeback”), we may automatically terminate your Account. We reserve our right to dispute any Chargeback.

8.11. Email Marketing Addons & Other Addons - these are additional recurring addons to your current subscription plan. You can opt out from the addon at any time from the billing section the same way the addon is enabled. Addons are non-refundable.

8.12. Email Marketing Email Usage Addon - if you reach your monthly email sending limits, you have the ability to pay an additional fee per 1000 emails. This fee will be charged at your next monthly billing cycle and the fee will depend on the number of emails sent on top of your monthly email sending limit. For example, if you send an additional 1500 emails on top of your allowed monthly email sending limit, you will be charged for 2 addons of 1000 emails each. You can enable the email sending addon from the billing area in your account. Enabling the addon will not send you a notification when your monthly email sending limits are reached; instead a fee for all extra emails will be charged once a month. All email sending addons are NON REFUNDABLE. If you fail to cover the fees for your email sending addons generated during your last month’s usage, we have the right to terminate your subscription even if you are subscribed for a full year.

8.13.  Promo Codes, unless expired, can be applied during the Checkout process. Each Promo Code may be used only one time per purchase.

9. Service Cancellation

Failure to comply with any of GoKoolio’s terms or failure to pay due fees, entitles GoKoolio to cancel or suspend your account services and website and funnel sites. You can cancel your services at any time, no questions asked. We are not in any way held responsible for any damages and losses due to cancellation of services.

10. Termination

We reserve the right to change, suspend, discontinue, terminate, restrict or disable your use of, or access to, parts or all of the Services or their functionality at any time at our sole discretion, without cause, and without notice.

GoKoolio may terminate accounts which remain in Free Trial after a period of 14 days, at the discretion of GoKoolio.

You can terminate your services at any time without a cause, according to the cancellation procedures.

If the Agreement terms are invalidated it may result in penalties or immediate termination of services without payment refund in any way.

Upon termination, GoKoolio has the right to delete all files, data or information associated with the terminated account.

11. Domains and Subdomains

With subscribing for monthly or yearly subscriptions, you retain exclusive right to the use of allocated GoKoolio sub-domains or domains, selected by you. Failure to maintain “active” status with your GoKoolio subscription will result in loss of your rights to using said GoKoolio subdomains or domains. GoKoolio may cancel your GoKoolio subdomain or domain at any time, with obligation to provide you with a replacement GoKoolio sub-domain. You are not required to use GoKoolio subdomains or domains for your GoKoolio sites.

12. Warranty and Disclaimer

GoKoolio shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Implementation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by GoKoolio or by third-party providers, or because of other causes beyond GoKoolio's reasonable control, but GoKoolio shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. HOWEVER, GOKOOLIO DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION; THE SERVICES AND IMPLEMENTATION SERVICES ARE PROVIDED “AS IS” AND GOKOOLIO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

13. Indemnity

To the fullest extent permitted by law, you agree to indemnify and hold harmless GoKoolio and its affiliates and their directors, officers, employees and agents from and against all damages, losses, liabilities, costs, claims, demands, fines, awards and expenses of any kind (including without limitation reasonable attorneys' fees and costs) arising out of or related to: (a) your breach of this Agreement; (b) your User Content, Your Sites and Your e-commerce; (c) your violation of any law or regulation or the rights or good name of any third party; and (d) any claims from tax authorities in any country in relation to Your e-commerce operations, including without limitation your sales to individual consumers (including distance sales) and other operations for which GoKoolio may be held jointly and severally liable. Your indemnification obligations under this Section shall not apply to the extent directly caused by our breach of this Agreement or, to the extent that the consequences were not reasonably foreseeable.

14. Limitation of Liability

You acknowledge and agree that to the fullest extent permitted by applicable law, in no event will GoKoolio and its affiliates and its directors, officers, employees and agents be liable with respect to any claims arising out of or related to the Services or this Agreement for: (a) any indirect, special, incidental, exemplary, punitive or consequential damages; (b) any loss of profits, revenue, data, goodwill or other intangible losses; (c) any damages related to your access to, use of or inability to access or use parts, some or all of your Account, Your Sites or parts or all of the Services, including without limitation interruption of use OR CESSATION OR MODIFICATION OF ANY ASPECT OF GOKOOLIO’S SERVICES; (d) any damages related to unavailability, degradation, loss, corruption, theft, unauthorized access or, unauthorized alteration of, any content, information or data, including without limitation User Content and Your e-commerce data; (e) any User Content or other conduct or content of any user or third party using the Services, including without limitation defamatory, offensive or unlawful conduct or content; or (f) any Third Party Services or third party sites accessed via the Services.

You acknowledge and agree that these limitations of liability are AGREED ALLOCATIONS OF RISK constituting in part the consideration for GoKoolio’s services to you, and such limitations will apply even if GoKoolio has been advised of the possibility of such liabilities.

15. Modifications

GoKoolio may make modifications and changes on the existing services or components and will use reasonable efforts to notify all its Customers about those changes. The changes are effective upon the date of the change. GoKoolio shall not be liable for modifications and actions of third party services.

Modifications to the Agreement and the Fees may occur. You will be notified prior to those changes being applied to your account. If you refuse or fail to pay such fees we will cancel your subscription.

16. Miscellaneous

If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by Customer except with GoKoolio’s prior written consent. GoKoolio may transfer and assign any of its rights and obligations under this Agreement without consent. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and states that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and The Customer does not have any authority of any kind to bind GoKoolio in any respect whatsoever. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. This Agreement shall be governed by Canadian laws without regard to its conflict of laws provisions.