When we say “we”, “us” or the “Company”, we are referring to Golden Recursion Inc. (doing business as Golden). When we say “you”, we are referring to you, the person or legal entity who is accessing and using this website (“Website”) and any content, functionality (including APIs) and services offered by us on or through this Website or related means (collectively, our “Service”).

By accessing our Website or using our Service, you agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”). You also agree to our Privacy Policy, which explains how we collect, use, and share information about you. Please read these Terms of Service and the Privacy Policy carefully before using our Website. If you do not agree to these Terms of Service or the Privacy Policy, do not access our Website or use our Service.

Enterprise tier users. Users that take advantage of our Enterprise tier services (as listed on our Pricing) must also carefully read and agree to the Enterprise Terms of Service.

Users younger than 13. Our Service is not directed at children under the age of 13. If you are younger than 13, your use of our Service violates these Terms and you must stop.

If we become aware that we have collected personal information from a child under the age of 13 without parental consent, we will take steps to delete such information as soon as possible. If you are a parent or guardian and you believe that we have collected personal information from your child without your consent, please contact us at legal@golden.co and we will take steps to delete such information as soon as possible.

We may revise and update these Terms from time to time at our sole discretion. All changes are effective as soon as we post them, and apply to any use of our Service thereafter.

Your continued use of our Service following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time, so you are aware of any changes.

We make every effort to keep our Website and Service available and functioning properly at all times. However, there may be occasional periods of downtime for maintenance or other reasons beyond our control. We will use reasonable efforts to minimize any disruptions and to restore the Website or Service as soon as possible in the event of any downtime. We are not responsible for any damages or losses that may result from any downtime or unavailability of the Website or the Service.

Additional conditions for accessing the Service may apply. For example, to in order to post User-Generated Content and access certain other resources on our Website, you will be asked to provide certain registration details, including your real name and other information. If you sign up for one of our Enterprise tier services, your access to the Service is also subject to our Enterprise Terms of Service.

Your privacy is important to us. All personal information you provide to us is governed by our Privacy Policy.

We take the security of our users' information very seriously. We have implemented a variety of security measures to protect against unauthorized access to or misuse of our users' information, but we cannot guarantee the complete security of our systems. We are not responsible for any damages or losses that may result from a security breach or unauthorized access to users’ information.

You are responsible for the security and safeguarding of your password. We encourage the use of a strong and unique password to secure your account.

Separately from the content license granted in the preceding section, the Company’s platform and data for making such content available (the "Platform") is owned by the Company and its licensors and is protected by the United States and international copyright, patent, trade secret and other intellectual property laws or proprietary rights. The Platform comprises the entire contents, features and functionality of this Website and our Services, including but not limited to all information, structured data, software, source code, relational tables, social graphs, social profiles, text, displays, images, video and audio, as well as the design, selection and arrangement thereof, excluding only the User-Generated Content and the Non-User-Generated Content. No right, title or interest in or to the Platform is transferred to you, and all rights not expressly granted are reserved by the Company. You may not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store or transmit any aspect or element of the Platform.

Our trademarks, service marks, and trade dress (collectively, "Marks"), including GOLDEN, the accompanying ring logo and all related names, logos, product and service names, designs and slogans, are owned by us and may not be used without our prior written permission. You may not use our Marks for any purpose, including in advertising or publicity pertaining to distribution of the content found on our Website or available via our Service, without our prior written consent. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners. One of the reasons we protect our Marks is to protect our users from being deceived by imitations. To benefit everyone, we ask that you please respect our trademarks and the trademarks of others found on our Website.

You agree not to use our Service, including our Website, for:

• Unlawful purposes: You may not use our Service for any unlawful purpose, including but not limited to committing a criminal offense, or violating any local, state, national, or international law or regulation.
• Hacking: You may not use our Service to engage in any activity that may compromise the security of the Website, the Service or any third party computer system. This includes, but is not limited to, hacking, cracking, phishing, spreading malware, or attempting to access unauthorized areas of the Website.
• Spamming You may not use our Service to enable or promote sending of unsolicited emails or messages, or otherwise spamming other users or third parties. This includes, but is not limited to, using the Service to promote scams, pyramid schemes, or other fraudulent or deceptive practices.
• Misuse of user accounts: You are responsible for providing accurate information as part of your user account. You may not share your login credentials, impersonate another user, the Company or any other person or entity, including, without limitation, by using email addresses or screen names associated with any of the foregoing. You may not attempt, in any manner, to obtain the password, account, or other security information from any other user. If you are under the age of majority, you may only use the Service with the consent and supervision of a parent or guardian.
• Disruptive behavior: You may not use our Service to engage in any activity that disrupts the normal operation of the Service or interferes with the use and enjoyment of the Service by other users. This includes, but is not limited to, overloading the Website with excessive traffic, engaging in Denial of Service (DoS) attacks, or using the website to spread malware or other malicious software.
• Violations of rights of others: You may not use our Service to infringe on the intellectual property rights of others, including but not limited to copyright, trademark, patent, and trade secrets. You may not use the Service to violate the privacy or publicity rights of others, including but not limited to using the website to collect, store, or distribute personal information about other users without their consent.
• Scraping: You may not use any robot, spider or other automatic device, process or means to access our Service for any purpose, including monitoring or copying any of the material on our Service, unless you have an explicit authorization from us. You may not circumvent or attempt to circumvent any features, limitations, or restrictions of the Service, including, without limitation, attempting to access, download, export, or otherwise use or exploit any content using any automated means or tools.
• Unauthorized commercial use: While our content license permits commercial re-use, you may not use the Service for commercial purposes without our written permission. We offer paid options for commercial users on our Website. Or, if you’d like to engage with us commercially in other ways, please email us at sales@golden.co.

Any use of the Service in violation of these Prohibited Uses may result in the termination of your account and legal action against you.

The community plays an important role in maintaining the Content Standards of the site. However, to aide the community in upholding these Terms, we reserve the right, but have no obligation to:

• Remove, refuse to post, edit, or take any other action with respect to any User-Generated Content for any or no reason in our sole discretion, including, without limitation, if we believe that such User-Generated Content violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of our Service or the public or could create liability for the Company.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of our Service.
• Terminate or suspend your access to all or part of our Service for any or no reason, including without limitation, any violation of these Terms.

We also have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting content on or through our Service. You waive and hold harmless the Company and its affiliates, licensees and service providers from any claims resulting from any action taken by the Company during or as a result of its investigations and from any actions taken as a consequence of investigations by either the Company or law enforcement authorities.

Although we have the rights described above, we do not undertake to review User-Generated Content before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section and assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.

The following additional terms apply to our Pro tier users:

Payments. In return for your payment of periodic subscription fees, we agree to provide you with additional services. Both the fees and the list of additional services are listed on our Pricing page.

Changes. We may change the Pro tier subscription price, but will give you prior notice of this change. Any pricing changes will apply after your current payment period is complete, when the next payment is due from you after the notice. We will give you at least 30 days’ prior notice of a price increase before you are charged. If you are given less than 30 days’ prior notice, the change will not apply until the payment after the next payment is due. If you do not wish to continue with your Pro tier subscription at the new price, you may cancel at any time. Your cancellation or downgrade will apply to the next billing period after the current service term. Where the price increases and consent is required, your subscription may be cancelled unless you agree to the new price. If your subscription is cancelled and you later decide to re-subscribe, you will be charged at the then-current subscription rate.

Subscription cancellations. We will automatically take payment from the date you sign up for a Pro tier membership, and your subscription will automatically renew until it is cancelled. You may cancel at any time. If you cancel your subscription, you will retain access to Pro tier services for the remaining term of your existing subscription.

Right of Withdrawal. If you are in the EU or the UK, you have the right to cancel within 14 days of signing up for or renewing your Pro tier subscription without giving any reason. To exercise the right of withdrawal, you must communicate your decision to withdraw to us by an unequivocal statement, by email sent to support@golden.co.

No Refunds. No refunds or partial billing periods are available for the Pro Tier subscription, except as required by applicable law.

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

WHERE APPLICABLE LAW DOES NOT RECOGNIZE THE LIMITATION ON LIABILITY AS SET FORTH ABOVE, YOU AGREE THAT THE COMPANY’S AGGREGATE LIABILITY TO YOU IS CAPPED BY THE GREATER OF (1) THE AMOUNT YOU PAID TO US FOR ANY PAID MEMBERSHIP IN THE PRECEDING TWELVE (12) MONTHS OR (2) $1,000 USD.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

All matters relating to our Service and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms or our Service shall be instituted exclusively in the state and federal courts located in San Francisco, California. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

At the Company’s sole discretion, we may require you to submit any disputes arising from our Service, including disputes arising from or concerning the interpretation, violation, invalidity, non-performance or termination of these Terms, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association, applying California law.

You and we agree that nothing in these Terms will be deemed to waive, preclude, or otherwise limit your or our right to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; (d) lodge a complaint or remedy under the EU General Data Protection Regulation; or (e) file suit in a court of law to address an intellectual property infringement claim or to compel or, if arbitration was elected, to uphold any arbitration decision hereunder.

No waiver by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent, such that the remaining provisions of the Terms will continue in full force and effect.