Terms of Service
Rules governing access, accounts, service use, content, AI features, payment, intellectual property, warranties, liability, and disputes.
Legal terms and data practices
These Terms of Service and Privacy Policy govern access to Goldiware websites, software services, training materials, implementation resources, support services, and related technology.
Rules governing access, accounts, service use, content, AI features, payment, intellectual property, warranties, liability, and disputes.
How Goldiware collects, uses, discloses, protects, retains, and transfers personal information, and the rights available to individuals.
Formal notices, rights requests, arbitration opt-outs, and legal correspondence may be sent to Goldiware’s postal address.
By accessing or using a Goldiware service, creating an account, purchasing a service plan, enrolling in training, signing an order form, or otherwise indicating acceptance, you agree to the applicable provisions below. If you act for an organization, you represent that you have authority to bind that organization.
Part I
These Terms of Service constitute a binding agreement between Goldiware, LLC (“Goldiware,” “we,” “us,” or “our”) and the person or entity accessing or using the Services (“Customer,” “you,” or “your”). “Services” includes Goldiware websites, hosted software, workspaces, AI-assisted functionality, document and workflow tools, training courses, downloadable resources, onboarding, configuration, implementation support, technical support, and related offerings.
If a signed order form, statement of work, data-processing addendum, enterprise agreement, or other written agreement applies, that document forms part of the agreement. In the event of a direct conflict, the following order of precedence applies unless the signed document states otherwise: the signed order form or enterprise agreement; a data-processing addendum for privacy matters; a statement of work for the applicable professional services; and these Terms.
You must be at least 18 years old and legally capable of entering into a contract. You may not use the Services if applicable law prohibits you from doing so or if Goldiware has previously suspended or terminated your access for material misuse.
Goldiware grants Customer a limited, non-exclusive, non-transferable, non-sublicensable, revocable right during the applicable service period to access and use the Services for Customer’s internal business, professional, educational, or implementation purposes, subject to the purchased service plan, documentation, usage limits, and these Terms.
Customer must provide accurate account information, keep credentials confidential, use reasonable security controls, promptly remove access for former personnel, and notify Goldiware of suspected unauthorized access. Customer is responsible for activity under its accounts except to the extent caused solely by Goldiware’s breach of the agreement.
Customer administrators may configure permissions, invite users, access workspace content, manage records, and control service settings. Customer is responsible for its authorized users and for ensuring that each user complies with the agreement.
Goldiware may update interfaces, functionality, security measures, technical requirements, documentation, and service methods to improve performance, comply with law, address risk, or maintain service integrity. Goldiware will not materially reduce purchased core functionality during a paid service period without providing a commercially reasonable alternative or remedy.
Support, onboarding, configuration, data migration, implementation assistance, and other professional services are governed by the applicable service description, order form, or statement of work. Customer must provide timely access, information, decisions, personnel, and cooperation reasonably required for delivery.
You must not, and must not permit any third party to:
Goldiware may investigate suspected violations and may preserve or disclose relevant information when reasonably necessary to protect the Services, users, Goldiware, or the public, or to comply with legal process.
The Services may generate drafts, summaries, classifications, mappings, recommendations, risk observations, workflow suggestions, training explanations, or other output using artificial-intelligence technologies. AI output is probabilistic and may be incomplete, inaccurate, outdated, duplicative, or unsuitable for a particular purpose.
Customer must independently review and validate AI output before relying on it, approving it, releasing controlled information, making decisions, or using it in audits, assessments, regulatory submissions, contracts, employment matters, safety processes, or customer commitments. Customer remains responsible for all decisions, approvals, records, and actions.
AI output, training content, templates, examples, guidance, and readiness indicators do not constitute legal, accounting, tax, medical, engineering, cybersecurity, regulatory, or other licensed professional advice. Customer should obtain qualified advice appropriate to its facts, jurisdiction, risks, and obligations.
Customer must have all rights and permissions necessary to submit prompts, documents, records, and other inputs. Customer must not submit information whose disclosure to Goldiware or its service providers is prohibited by law, contract, professional duty, or confidentiality obligation.
Goldiware does not guarantee that use of the Services will produce compliance, eliminate risk, satisfy every contractual or regulatory requirement, prevent incidents, or achieve any specific audit, assessment, certification, commercial, or operational result.
“Customer Content” means information, documents, records, prompts, files, configurations, templates, data, and other materials submitted to or created within the Services by or for Customer. As between the parties, Customer retains its rights in Customer Content.
Customer grants Goldiware and its authorized service providers a worldwide, non-exclusive licence to host, copy, transmit, process, display, modify, back up, and otherwise use Customer Content solely as necessary to provide, secure, maintain, support, improve, and comply with law in relation to the Services.
Customer is responsible for the legality, accuracy, quality, integrity, and appropriateness of Customer Content; for obtaining required notices, consents, permissions, and legal bases; for configuring access permissions; and for maintaining independent copies of records where required by law, contract, policy, or business continuity needs.
Goldiware may create and use aggregated or de-identified information that does not reasonably identify Customer or an individual for analytics, security, research, capacity planning, service improvement, benchmarking, and business operations. Goldiware will not attempt to re-identify information treated as de-identified except to test whether de-identification controls are effective.
The Services may provide export functions for supported data types. Customer should export important records before service termination. Backup systems are designed for resilience and disaster recovery and are not a substitute for Customer’s own retention, archival, or legal-hold obligations.
Fees, service period, usage allowances, included features, payment schedule, and renewal terms are stated in the applicable checkout, order form, invoice, service description, or written agreement. Except where law requires otherwise or the applicable agreement states otherwise, fees are non-refundable.
Customer authorizes Goldiware and its payment processors to charge the selected payment method for amounts due. Customer must maintain accurate billing information and promptly resolve failed, reversed, disputed, or overdue payments.
Fees exclude sales, use, value-added, withholding, excise, digital-services, and similar taxes, duties, or governmental assessments. Customer is responsible for applicable taxes other than taxes based on Goldiware’s net income. If Customer must withhold tax, Customer will provide valid documentation and, where legally permitted, gross up payment so Goldiware receives the invoiced amount.
Goldiware may charge lawful interest and reasonable collection costs on overdue amounts and may suspend paid Services after reasonable notice where payment remains overdue.
Service plans renew only as described at purchase or in the applicable order. Customer may cancel renewal through the available account controls or written notice method stated in the order. Cancellation stops future renewal and does not retroactively refund the current service period unless required by law.
Goldiware and its licensors own all rights, title, and interest in the Services, software, interfaces, workflows, designs, documentation, course materials, trademarks, logos, databases, models, configurations, methodologies, and related intellectual property, excluding Customer Content.
No rights are granted by implication. Customer may not remove proprietary notices or use Goldiware names, marks, logos, or brand assets without prior written permission, except for accurate factual identification of Goldiware as a service provider.
If Customer provides ideas, suggestions, enhancement requests, recommendations, or other feedback, Customer grants Goldiware a perpetual, irrevocable, worldwide, royalty-free right to use and incorporate that feedback without restriction or obligation, provided Goldiware does not publicly identify Customer as the source without permission.
Training materials and downloadable resources are licensed for the number and type of users covered by the applicable purchase. Customer may not publish, redistribute, sell, upload to public repositories, or create competing courses from those materials.
“Confidential Information” means non-public information disclosed by one party that is marked confidential or that a reasonable person would understand to be confidential, including business plans, pricing, security information, product designs, technical information, Customer Content, credentials, and non-public service documentation.
The receiving party will use Confidential Information only to perform or exercise rights under the agreement, protect it using at least reasonable care, and disclose it only to personnel, advisers, contractors, and service providers who need access and are bound by appropriate duties.
Confidential Information excludes information that the receiving party can document was lawfully known without restriction, independently developed, received lawfully from another source, or made public without breach. A receiving party may disclose information when legally required after providing notice where lawful and reasonably cooperating with protective measures.
The Services may interoperate with cloud infrastructure, payment processors, identity providers, communications tools, analytics providers, content sources, or other third-party services. Third-party services are governed by their own terms and privacy practices. Goldiware is not responsible for third-party services, changes, outages, security, data handling, or content, except to the extent expressly stated in a written agreement.
Customer authorizes Goldiware to exchange Customer Content and account information with a third-party integration when Customer enables or requests that integration. Disabling an integration may not delete information already transmitted to the third party.
Goldiware uses administrative, technical, and organizational safeguards designed to protect the confidentiality, integrity, and availability of information. No system, transmission, storage method, or security control is completely secure or continuously available.
Goldiware may conduct maintenance, apply emergency security changes, restrict abusive traffic, rotate credentials, modify infrastructure, or temporarily limit features to protect the Services. Customer is responsible for its devices, networks, identity systems, endpoint security, access controls, and safe handling of exported data.
Service levels, recovery objectives, support hours, or security commitments apply only where expressly included in a written enterprise agreement or service description.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES, AI OUTPUT, TRAINING MATERIALS, TEMPLATES, DOCUMENTATION, AND SUPPORT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” GOLDIWARE DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND RESULTS.
GOLDIWARE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE AGAINST EVERY THREAT, COMPATIBLE WITH EVERY SYSTEM, OR SUITABLE FOR EVERY LAW, STANDARD, CONTRACT, INDUSTRY, JURISDICTION, OR USE CASE. CUSTOMER IS RESPONSIBLE FOR EVALUATING FITNESS, CONFIGURATION, IMPLEMENTATION, OUTPUT, AND COMPLIANCE.
NOTHING IN THESE TERMS EXCLUDES A WARRANTY OR RIGHT THAT CANNOT LAWFULLY BE EXCLUDED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, GOLDIWARE AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTRACTORS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, OPPORTUNITY, ANTICIPATED SAVINGS, DATA, OR USE; BUSINESS INTERRUPTION; OR COST OF SUBSTITUTE SERVICES, EVEN IF ADVISED THAT SUCH DAMAGES ARE POSSIBLE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF GOLDIWARE AND THE PARTIES LISTED ABOVE ARISING OUT OF OR RELATING TO THE SERVICES OR AGREEMENT WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS PAID OR PAYABLE BY CUSTOMER TO GOLDIWARE FOR THE AFFECTED SERVICES DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY; OR (B) ONE HUNDRED U.S. DOLLARS.
THE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THEY DO NOT APPLY TO LIABILITY THAT CANNOT LAWFULLY BE LIMITED.
Customer will defend, indemnify, and hold harmless Goldiware and its affiliates, officers, directors, employees, contractors, and agents from third-party claims, damages, judgments, settlements, penalties, losses, and reasonable legal fees arising from: Customer Content; Customer’s or an authorized user’s unlawful or prohibited use; Customer’s products, services, decisions, representations, or implementation; infringement or privacy violations caused by Customer Content; or Customer’s material breach of the agreement.
Goldiware will provide prompt notice, permit Customer to control the defence and settlement, and provide reasonable cooperation at Customer’s expense. Customer may not settle a claim in a manner that admits fault by Goldiware, imposes obligations on Goldiware, or fails to fully release Goldiware without written consent.
Goldiware may suspend access where reasonably necessary to address security risk, unlawful activity, prohibited use, material breach, non-payment, legal requirements, or harm to the Services or others. Where practicable, Goldiware will provide notice and an opportunity to cure.
Either party may terminate for material breach if the breach remains uncured thirty days after written notice, or immediately if the breach cannot reasonably be cured. Goldiware may terminate immediately for fraud, deliberate security abuse, unlawful conduct, or insolvency events to the extent permitted by law.
On termination, Customer’s access ends, outstanding fees become due, and Customer must stop using licensed materials. Provisions concerning payment, intellectual property, confidentiality, disclaimers, liability, indemnification, disputes, privacy, and other provisions intended by their nature to survive will remain effective.
It requires most disputes to be resolved by individual binding arbitration rather than in court.
Before filing arbitration or litigation, the claimant must send a written notice describing the dispute, relevant facts, requested relief, and sufficient identifying information to: Goldiware, LLC, 169 Madison Ave, Office 89291, New York, NY 10016, USA. The parties will attempt in good faith to resolve the dispute for at least thirty days after receipt.
Except for excluded claims below, any dispute arising from or relating to the agreement or Services will be resolved by confidential, individual, binding arbitration administered by the American Arbitration Association under its applicable Commercial Arbitration Rules or Consumer Arbitration Rules, depending on the nature of the transaction. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision.
Either party may bring an individual claim in small-claims court if eligible. Either party may seek temporary or preliminary injunctive relief in court to protect intellectual property, confidential information, accounts, systems, or security pending arbitration.
DISPUTES MUST BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY. THE PARTIES WAIVE THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE-ATTORNEY-GENERAL ACTION OR ARBITRATION TO THE MAXIMUM EXTENT PERMITTED BY LAW.
A new Customer may opt out of Sections 15.2 through 15.4 by mailing a personally signed notice within thirty days after first accepting these Terms. The notice must state the Customer’s name, organization, postal address, account identifier if applicable, and a clear request to opt out of arbitration. The notice must be mailed to Goldiware’s address above.
These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law rules. Where arbitration does not apply, the state and federal courts located in Delaware have exclusive jurisdiction, and each party consents to personal jurisdiction and venue there.
Part II
This Privacy Policy explains how Goldiware collects, uses, discloses, retains, and protects personal information when individuals visit Goldiware websites, communicate with Goldiware, create or use accounts, use software services, purchase services, attend training, or interact with related business operations.
Goldiware may act as a controller or business for account, commercial, website, training, support, and relationship information. When Goldiware processes personal information contained in Customer Content solely on Customer’s instructions, Customer generally determines the purposes and means of processing and Goldiware acts as a processor or service provider, subject to the applicable agreement and data-processing terms.
This Policy does not govern third-party websites, integrations, platforms, or services that maintain their own privacy policies.
Depending on the interaction, Goldiware may collect the following categories:
Name, organization, role, username, postal address, account identifier, and related business-contact details.
Login records, permissions, security settings, authentication events, password-reset activity, and account administration information.
Services requested or purchased, order details, invoices, payment status, plan information, and transaction history. Full payment-card data is generally processed by payment providers.
Documents, records, prompts, policies, procedures, risks, actions, audit information, workflows, evidence, configurations, and other content submitted to the Services.
Prompts, instructions, source materials, generated output, user feedback, review actions, and related metadata.
Course enrolment, progress, completion, quiz responses, downloaded materials, certificates of course completion, and learning preferences.
Support requests, enquiries, meeting notes, survey responses, feedback, correspondence, and records of business communications.
IP address, browser type, operating system, device identifiers, language, time zone, referring pages, and technical diagnostics.
Pages viewed, features used, clicks, searches, workflow activity, access times, session data, error logs, performance data, and interaction patterns.
General location inferred from IP address or business information; not precise geolocation unless expressly requested and permitted.
Audit logs, fraud indicators, abuse reports, access-control records, incident information, and information required for legal or security review.
Industry, company size, standards of interest, implementation needs, professional qualifications, and business relationship details.
Goldiware collects information directly from individuals and Customers; automatically from devices and service use; from administrators, authorized users, consultants, partners, and integrations; from payment, identity, hosting, security, and analytics providers; and from public or commercially available business sources where lawful.
Goldiware may use personal information to:
Where data-protection law requires a legal basis, Goldiware relies on performance of a contract, steps requested before entering a contract, legitimate interests, compliance with legal obligations, consent, and protection of vital interests where relevant. Legitimate interests include providing secure and effective services, improving technology, preventing misuse, managing business relationships, and protecting legal rights, balanced against individual rights and expectations.
Goldiware may disclose personal information to:
Goldiware does not sell personal information for monetary consideration. If Goldiware engages in an activity that applicable state law defines as a “sale,” “sharing,” or targeted advertising, Goldiware will provide legally required notices and opt-out methods.
Individuals may opt out of promotional electronic communications through the unsubscribe method in the message or other available preference control. Goldiware may continue sending transactional, security, legal, account, billing, and service communications that are not promotional.
Depending on location and applicable law, individuals may have rights to request access, confirmation, correction, deletion, restriction, objection, portability, a copy of information, withdrawal of consent, opt-out of certain sale, sharing, profiling, or targeted advertising, limitation of certain sensitive information uses, and appeal of a denied request.
Requests may be submitted by signed postal correspondence to Goldiware, LLC, 169 Madison Ave, Office 89291, New York, NY 10016, USA. The request should identify the requester, relationship with Goldiware, applicable account or organization, right being exercised, and sufficient details to locate relevant information.
Goldiware may verify identity and authority, request additional information, decline or limit a request where permitted, retain information required by law, and respond through an authorized agent where valid authorization and verification are provided. Goldiware will not unlawfully discriminate against an individual for exercising privacy rights.
Where Goldiware processes Customer Content solely for a Customer, requests concerning that information should generally be directed to the Customer, which controls the data. Goldiware will support Customers as required by applicable agreements and law.
This section supplements the Policy for residents of states with comprehensive privacy laws, to the extent those laws apply to Goldiware and the relevant processing.
Goldiware may collect the categories described in Section 18, including identifiers; customer records; commercial information; internet or network activity; approximate geolocation; professional information; education or training information; inferences; account credentials; and content that may contain information treated as sensitive under applicable law.
These categories may be disclosed for business purposes to the recipients described in Section 20. Goldiware retains categories according to the criteria in Section 27 rather than using one fixed period for all information.
Subject to statutory conditions and exceptions, eligible residents may request to know or access information, correct inaccurate information, delete information, obtain portability, opt out of sale or sharing, opt out of targeted advertising or certain profiling, limit certain uses of sensitive information, and appeal a decision. Goldiware honours valid rights requests and recognized opt-out preference signals where required.
California residents may request information about certain disclosures of personal information to third parties for their own direct-marketing purposes where the law applies.
Goldiware does not offer a financial incentive or price difference in exchange for personal information unless the programme is accompanied by the disclosures and consent required by law.
Individuals in the European Economic Area, United Kingdom, and Switzerland may have rights to access, rectify, erase, restrict, object, receive portability, withdraw consent, and lodge a complaint with a supervisory authority. Where processing relies on legitimate interests, individuals may object based on their particular circumstances.
Goldiware is based in the United States. Personal information may be transferred to, stored in, or processed in the United States and other countries where Goldiware or its providers operate. Those countries may have different data-protection laws. Where required, Goldiware uses recognized transfer mechanisms, contractual safeguards, supplementary measures, or another lawful basis.
Goldiware does not use solely automated decision-making that produces legal or similarly significant effects on individuals unless appropriate notice, safeguards, and rights are provided as required by law.
For Customer Content processed on behalf of a business Customer, Goldiware processes personal information according to Customer instructions, the agreement, applicable data-processing terms, and law. Goldiware will not retain, use, or disclose that information outside the business purpose specified in the agreement except as legally permitted.
Enterprise Customers may request a data-processing addendum addressing processing instructions, confidentiality, security, subprocessors, assistance with rights requests, incident notification, deletion or return, audits, and international-transfer terms.
Goldiware uses administrative, technical, and organizational safeguards designed to protect personal information, including access controls, authentication, encryption where appropriate, logging, monitoring, backup practices, vulnerability management, vendor review, and incident-response processes. No safeguard can eliminate every risk.
Goldiware retains personal information for as long as reasonably necessary for the purposes described in this Policy, including providing Services, maintaining business and tax records, resolving disputes, enforcing agreements, protecting security, complying with legal obligations, and preserving evidence.
Retention depends on the nature and sensitivity of the information, service configuration, Customer instructions, account status, legal requirements, limitation periods, security needs, and operational necessity. Information in backups may remain until rotated or securely deleted under standard processes.
When retention is no longer required, Goldiware deletes, destroys, anonymizes, or de-identifies information using methods appropriate to the system and risk, subject to lawful exceptions.
Goldiware maintains processes to evaluate suspected security incidents and provide legally required notices to affected Customers, individuals, regulators, or other recipients.
The Services are directed to businesses, professionals, and adults and are not directed to children under 13. Goldiware does not knowingly collect personal information directly from children under 13 through general-audience Services. If a Customer uses an authorized service involving minors, the Customer is responsible for required authority, notices, consent, configuration, and legal compliance.
Goldiware may provide links to external resources or integrations. Goldiware does not control and is not responsible for third-party privacy, security, content, or practices. Individuals should review the privacy policies of third parties before providing information.
Goldiware may update these Terms and Privacy Policy to reflect changes in law, Services, technology, security, business operations, or data practices. The updated version will identify a revised date. Goldiware will provide additional notice where required by law or where a change materially affects rights.
Continued use after an updated version becomes effective constitutes acceptance where permitted by law. If Customer does not agree to a material change, Customer must stop using the affected Services and may exercise any termination rights available under the applicable agreement.
Questions, formal legal notices, privacy-rights requests, and arbitration opt-out notices may be sent to:
Goldiware, LLCInclude sufficient information for Goldiware to understand, authenticate, and respond to the request. Do not send passwords, full payment-card numbers, government identification numbers, or unnecessary sensitive information by postal mail.