Terms of Use

Age Requirements

You must be at least 13 years old to use the Service.

Permission by Parent or Guardian

If you are under 18, you represent that you have your parent or guardian’s permission to use the Service. Please have them read this Agreement with you.

If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Service, you are subject to the terms of this Agreement and responsible for your child’s activity on the Service.

Higher Education, Financial Aid, or Career-Related Entities and their Representatives

If you are using the Service on behalf of a higher education, financial aid, career-related, or any other institution, organization, or company, you represent that you have the authority to act on behalf of that entity and that such entity accepts this Agreement.

Arbitration Provision and Class Action Waiver

Be aware that these Terms include an arbitration provision, which limits your ability to have a court hearing or jury trial, and a class action waiver that limits your ability to participate in class action lawsuits related to this Agreement. Arbitration, if needed, will occur in Orange County, California, and the arbitrator will be mutually chosen by the parties. You also waive your right to a class action lawsuit for any reason.

Your Use of the Service

By creating an account, downloading, installing, browsing, or using the Services, you agree to this Agreement, which includes the Privacy Policy and other referenced policies. If you do not meet the eligibility requirements outlined in these Terms or do not agree with them, you do not have permission to use the Services. Your use of the Services, and GoGira!’s provision of the Services, constitutes your agreement to these Terms.

Remember, if you disagree with this Agreement, you should not access or use the Platform, and exit or uninstall it immediately.

GoGira! reserves the right to modify this Agreement at any time, with or without notice. These changes can include updates to the terms and conditions of this Agreement, alterations to the Services including the removal or modification of content or features, or changes to any fees associated with the Services. We may revise this Agreement without prior notice to you, so it's important for you to regularly review them on the GoGira! website or apps to stay informed of any updates.

We may change this Agreement, for example, (1) to reflect changes to our Service or how we do business - for example, when we add new products or features or remove old ones, (2) for legal, regulatory, or security reasons, (3) to prevent abuse or harm, or (4) reasons we deem necessary to protect your or our rights.

If this Agreement is modified and communications are made about the changes, any changes to this Agreement will take effect immediately upon being communicated, which may be done through various means including posting on the website, updating the apps, or sending you an email. By continuing to use the Services after such changes, you are expressing your agreement to the revised terms. It's important that you revisit this Agreement regularly to ensure you are familiar with the most current version.

If we materially change this Agreement, we’ll provide you with reasonable advance notice and the opportunity to review the changes, except (1) when we launch a new product or feature, or (2) in urgent situations, such as preventing ongoing abuse or responding to legal requirements. If you don’t agree to the new terms, you should remove any Content you uploaded and stop using the Service.

Limited License for Students

If you are a student using GoGira! for career planning, financial aid, and admissions guidance to higher education institutions and service partners, you are granted a limited, non-exclusive, non-transferable license. This license allows you to access, view, interact with, and respond to content and forms on GoGira!, as well as connect with relevant institutions and service partners. This license is exclusively for these purposes and does not include the right to sublicense. You must not use the Service for any illegal or unauthorized purposes or violate any laws in your jurisdiction while using the Service.

Limited License for Higher Education Institutions & Personnel

If you are a verified and approved representative of a college, university, or personnel subscriber from a higher education institution using GoGira!, you are granted a limited, non-exclusive, non-transferable license for each of your subscribed users. This license allows you to use GoGira! to provide content and facilitate matches with students for your institution's internal educational admissions activities. You are prohibited from sublicensing GoGira! content to any third party, affiliate, or vendor unless they have been explicitly authorized by GoGira! or you have obtained written permission from GoGira!. You must not use the Service for any illegal or unauthorized purposes or violate any laws in your jurisdiction while using the Service.

Limited License for Verified Partners & Affiliates

If you are a verified and approved partner affiliated with higher education, career, or financial-aid services using GoGira!, you are granted a limited, non-exclusive, non-transferable license for each of your subscribed users. This license allows you to provide content to GoGira! to assist in matching students with your services, solely for career, financial aid, and higher education planning and development purposes. You are prohibited from sublicensing GoGira! content to any third party, affiliate, or vendor unless they are explicitly authorized by GoGira! or you have received written permission from GoGira!. You must not use the Service for any illegal or unauthorized purposes or violate any laws in your jurisdiction while using the Service.

Eligibility

To access or use the Service, you must have the requisite power and authority to enter into this Agreement. You may not access or use the Service if you are a competitor of GoGira! or if we have previously banned you from the Service or closed your Account.

Content on the Service

The content on the Service includes videos, audio (for example music and other sounds), graphics, photos, text (such as comments and scripts), branding (including trade names, trademarks, service marks, or logos), interactive features, software, metrics, and other materials whether provided by you, GoGira! or third-party members (collectively, "Content”).

Content is the responsibility of the person or entity that provides it to the Service. GoGira! is under no obligation to host or serve Content. If you see any Content you believe does not comply with this Agreement, including by violating the Content & Community Guidelines or the law, you can report it to us at ContentModerator@GoGira.Com.

Accounts

You must create an Account and provide certain information about yourself in order to access and utilize the features that are offered through the Service. You are responsible for maintaining the confidentiality of your Account password. You are also responsible for all activities that occur in connection with your Account. You agree to notify us immediately of any unauthorized use of your Account. We reserve the right to close your Account at any time for any or no reason.

For student accounts only, your Account is for your personal, non-commercial use only, and you may not create or use a Student Account for anyone other than yourself. We ask that you provide complete and accurate information about yourself when creating an Account in order to establish your credibility as a member of the Service. You may not impersonate someone else, provide an email address other than your own, create multiple Accounts, or transfer your Consumer Account to another person without GoGira!’s prior approval.

Your Information

Our Privacy Policy explains how we treat your personal data and protect your privacy when you use the Service.

Permissions and Restrictions

You may access and use the Service as made available to you, as long as you comply with this Agreement and applicable law. You may view or listen to Content for your personal, non-commercial use. The following restrictions apply to your use of the Service. You are not allowed to:

1. access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the Service or any Content except: (a) as expressly authorized by the Service; or (b) with prior written permission from GoGira! and, if applicable, the respective rights holders;
2. circumvent, disable, fraudulently engage with, or otherwise interfere with any part of the Service (or attempt to do any of these things), including security-related features or features that (a) prevent or restrict the copying or other use of Content or (b) limit the use of the Service or Content;
3. access the Service using any automated means (such as robots, botnets or scrapers) except (a) in the case of public search engines, i or (b) with GoGira!’s prior written permission;
4. collect or harvest any information that might identify a person (for example, usernames or faces), unless permitted by that person or allowed under the Permissions and Restitutions Section above;
5. use the Service to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations;
6. cause or encourage any inaccurate measurements of genuine user engagement with the Service
7. misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions;
8. use the Service to view or listen to Content other than for personal, non-commercial use
9. use the Service to (a) sell any advertising, sponsorships, or promotions placed on, around, or within the Service or Content, other than those allowed in GoGira!  Policies
10. using the Service does not give you ownership of or rights to any aspect of the Service, including user names or any other Content posted by others or GoGira!.

Develop, Improve, and Update the Service

GoGira! is constantly changing and improving its Service. As part of this continual evolution, we may make modifications or changes (to all or part of the Service) such as adding or removing features and functionalities, offering new digital content or services, or discontinuing old ones. We may also need to alter or discontinue the Service, or any part of it, in order to make performance or security improvements, make changes to comply with the law, or prevent illegal activities on or abuse of our systems. These changes may affect all users, some users, or even an individual user. When the Service requires or includes downloadable software that software may update automatically on your device once a new version or feature is available, subject to your device settings. If we make material changes that negatively impact your use of the Service, we’ll provide you with reasonable advance notice, except in urgent situations such as preventing abuse, responding to legal requirements, or addressing security and operability issues.

Uploading Content

You may be able to upload Content to the Service. You may use your Content to promote your educational enterprise. If you choose to upload Content, you must not submit to the Service any Content that does not comply with this Agreement (including the GoGira! Content and Community Guidelines) or the law. For example, the Content you submit must not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so. You are legally responsible for the Content you submit to the Service. We may use automated systems that analyze your Content to help detect infringement and abuse, such as spam, malware, and illegal content.

Rights you Grant

You retain ownership rights in your Content. However, we do require you to grant certain rights to GoGira! and other users of the Service, as described below.

License to GoGira!

By providing Content to the Service, you grant to GoGira! a worldwide, non-exclusive, non-expiring, royalty-free, sublicensable, and transferable license to use that Content (including to reproduce, distribute, prepare derivative works, display and perform it) in connection with the Service and GoGira!’s (and its successors' and Affiliates') business, including for the purpose of promoting and redistributing part or all of the Service.

License to Other Users

You also grant each other user of the Service a worldwide, non-exclusive, non-expiring, royalty-free license to access your Content through the Service and to use that Content, including to reproduce, distribute, prepare derivative works, display, and perform it, only as enabled by a feature of the Service). For clarity, this license does not grant any rights or permissions for a user to make use of your Content independent of the Service.

Duration of License

The licenses granted by you continue for a commercially reasonable period of time after you remove or delete your Content from the Service. You understand and agree, however, that GoGira! may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted.

Right to Monetize

You grant to GoGira! the right to monetize your Content on the Service

Removing Your Content

You may remove your Content from the Service at any time. You also have the option to make a copy of your Content before removing it. You must remove your Content if you no longer have the rights required by this Agreement.

Removal of Content By GoGira!

If any of your Content (1) is in breach of this Agreement or (2) may cause harm to GoGira!, our users, or third parties, we reserve the right to remove or take down some or all of such Content in our discretion. We will notify you of the reason for our action unless we reasonably believe that to do so: (a) would breach the law or the direction of a legal enforcement authority or would otherwise risk legal liability for GoGira! or our Affiliates; (b) would compromise an investigation or the integrity or operation of the Service; or (c) would cause harm to any user, other third party, GoGira! or our Affiliates.

Suspend Usage by You

You may stop using the Service at any time.

Terminations and Suspensions by GoGira!

We will notify you of the reason for termination or suspension by GoGira! unless we reasonably believe that to do so: (a) would violate the law or the direction of a legal enforcement authority; (b) would compromise an investigation; (c) would compromise the integrity, operation, or security of the Service; or (d) would cause harm to any user, other third party, GoGira! or our Affiliates.

Notice for Termination or Suspension

We will notify you of the reason for termination or suspension by GoGira! unless we reasonably believe that to do so: (a) would violate the law or the direction of a legal enforcement authority; (b) would compromise an investigation; (c) would compromise the integrity, operation, or security of the Service; or (d) would cause harm to any user, other third party, GoGira! or our Affiliates.

Automatic Renewal

Subscriptions and memberships renew automatically unless canceled. Deleting the GoGira! app or your GoGira! account does not cancel your subscription or membership.

How to Cancel or Change Subscription or Membership

To cancel or change your subscription or membership, follow the steps in your GoGira! Account Settings.

Post-Cancellation Access

After canceling, you can still use your subscription or membership for the remaining days you paid for. Canceling does not retroactively refund payments, and previously paid fees are not prorated based on the cancellation date. If you have multiple subscriptions/memberships, each must be canceled separately as they have individual renewal dates.

California Subscribers

You may cancel your subscription without penalty or obligation at any time before midnight of the third business day following your subscription date. External Service Subscriptions: If you subscribed via an External Service (e.g., Apple ID, Google Play), you must cancel through that service. Refunds for subscriptions via Apple ID are handled by Apple and can be requested through your Apple ID account or at Apple Support. Requesting Refunds: For all other users, request a refund by contacting GoGira! Customer Service via our Support Center or by mailing or delivering a signed and postdated notice that states you are canceling this agreement. Include your name, email address, phone number, or other unique identifier used to sign up for your account.

Mailing Address

Send the post-dated notice to Shyres SCR Inc (DBA GoGira!), Attn: Cancellations, 6475 E Pacific Coast Hwy STE 355, Long Beach, California 90803, USA.

Warranty Disclaimer

Other than as expressly stated in this agreement or as required by law, the service is provided “as is” and GoGira! does not make any specific commitments or warranties about the service. For example, we don’t make any warranties about (a) the content provided through the service; (b) the specific features of the service, or its accuracy, reliability, availability, or ability to meet your needs; or (c) that any content you submit will be accessible on the service.

Limitation of Liability

Except as required by applicable law, GoGira!, its affiliates, officers, directors, employees and agents will not be responsible for any loss of profits, revenues, business opportunities, goodwill, or anticipated savings; loss or corruption of data; indirect or consequential loss; punitive damages caused by:

1. Errors, mistakes, or inaccuracies on the service;
2. Personal injury or property damage resulting from your use of the service;
3. Any unauthorized access to or use of the service;
4. Any interruption or cessation of the service;
5. Any viruses or malicious code transmitted to or through the service by any third party;
6. Any content whether submitted by a user or GoGira!, including your use of content; and/or
7. The removal or unavailability of any content.

This provision applies to any claim, regardless of whether the claim asserted is based on warranty, contract, tort, or any other legal theory.

Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless GoGira!, its Affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Service.

Third-Party Links

The Service may contain links to third-party websites and online services that are not owned or controlled by GoGira!. GoGira! has no control over, and assumes no responsibility for, such websites and online services. Be aware when you leave the Service; we suggest you read the terms and privacy policy of each third-party website and online service that you visit.

Consumer Rights

Consumers in the EU, UK, and other regions have specific rights under their local laws. This Agreement does not affect your mandatory consumer rights.

Severance

If it turns out that a particular term of this Agreement is not enforceable for any reason, this will not affect any other terms.

No Waiver

If you fail to comply with this Agreement and we do not take immediate action, this does not mean that we are giving up any rights that we may have (such as the right to take action in the future).

Security

We do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform to access our Services. You should use your own virus protection software.

Interpretation

These terms “include” or “including” mean “including but not limited to,” and any examples we give are for illustrative purposes.

Governing Law

All claims arising out of or relating to these terms or the Service will be governed by California law, except California’s conflict of laws rules, and will be litigated exclusively in the federal or state courts of Orange County, California, USA. You and GoGira! consent to personal jurisdiction in those courts.

Limitation on Legal Action

You and Gogira! agree that any cause of action arising out of or related to the Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.