Terms of Service

Last revised: July 20, 2026

1. Introduction

These Terms and Conditions (“Terms”) govern your access to and use of the websites and domains operated by Wireless Sensor Technologies, Inc., a corporation organized under the laws of the State of Delaware, United States of America, doing business as GoToTags (“GoToTags”), including:

• gototags.com
• gototags.work
• gototags.cloud
• store.gototags.com
• gtt.gs

and all related subdomains and pages (collectively, the “Site”), all software products and services and all purchases of products and services from GoToTags. By accessing the Site, creating an account, using any GoToTags Software or placing an order for products or services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Site, Software or purchase any products or services from GoToTags.

These Terms apply to all users of the Site and GoToTags Software, and to all orders for products and services, whether placed through the Site, by phone, by email or by chat. These Terms apply to both business customers and individual consumers. GoToTags’ collection and use of personal information is described in the separate Privacy Policy.

Certain jurisdictions provide consumer protection rights that cannot be waived or limited by contract. Nothing in these Terms is intended to exclude or limit any such rights. Where applicable consumer protection laws provide rights that override a provision of these Terms, that provision applies only to the extent permitted by law.

2. Changes to These Terms

GoToTags may update or modify these Terms at any time at its sole discretion. Updated Terms become effective on the date posted to the Site. For material changes that adversely affect your rights or obligations, GoToTags will provide at least 30 days’ notice before the changes take effect, by email to the address associated with your account, by posting a notice on the Site, or both. Your continued use of the Site, Software or other GoToTags products or services, and placement of orders, after the effective date of updated Terms constitutes your acceptance of the updated Terms. It is your responsibility to review these Terms periodically.

3. Definitions and Interpretation

The following terms have specific meanings in these Terms.

3.1 Account

An account is a verified email address registered with GoToTags. An account may represent an individual person or a role such as a shared team address; GoToTags does not require an account to identify a specific person. Actions taken under an account are attributed to the account. Account security is addressed in Section 4.2.

3.2 Group

A group is a container that organizes accounts and projects. Groups may nest within other groups. Each account associated with a group participates through an assigned role.

A group at the top of its hierarchy is referred to as an organization. Every group belongs to exactly one organization, either directly or through parent groups. When an account is created, GoToTags provisions a group with that account assigned the owner role, and that group functions as the account’s initial organization. An organization is distinct from a corporate account (see Section 4.3): an organization describes structural grouping of accounts and projects; a corporate account describes the business and financial relationship between GoToTags and a customer.

3.3 Project

A project is an isolated set of data within the GoToTags Cloud and Software in which interactions occur. Every project belongs to a group. Data within one project is not shared with other projects.

3.4 Role

A role defines the permissions an account has with respect to a group or project. The owner role grants full permissions over the associated group or project. Additional roles are defined in GoToTags Software documentation.

3.5 Credit

A credit is a unit of Software usage. Each interaction within the Software consumes one or more credits at the rate applicable to that interaction type. Credit pricing, purchase, consumption, expiration and refund are described in Section 6.

3.6 Credit Pack

A credit pack is a bundle of credits purchased, issued or granted together as a single unit, tracked separately by GoToTags. Credit pack purchase, consumption, expiration and refund are described in Section 6.

3.7 Device

A device is anything that can interact with a tag or use GoToTags Software. Examples include web browsers, desktop computers and mobile devices.

3.8 Tag

A tag is anything that can be interacted with by a device. Examples include NFC tags, barcodes and UHF RFID tags.

3.9 Place

A place is a location where an interaction can occur. A place may represent a physical location at any level of granularity, such as a country, state, city, building, room or named site. Places may nest within larger places to form a hierarchy.

3.10 Interaction

An interaction is the record of a device interacting with a tag at a specific place and a specific time. Each interaction occurs within exactly one project.

3.11 Interpretation

The following rules apply to the reading of these Terms:

• Headings and section titles are for convenience of reference only and do not affect the interpretation of these Terms.
• The words “including”, “includes” and “such as” are non-exhaustive; they are not limitations on the items or categories that precede or follow them.
• Words in the singular include the plural and vice versa.
• References to a “day” mean a calendar day; references to a “business day” mean a day other than a Saturday, Sunday or federal holiday in the United States.
• References to any law, regulation or standard include any amendment, replacement or successor to it.
• References to a Section include all subsections of that Section.
• References to writing or a written form include communications by email and other electronic means, consistent with Section 29.1.

4. Accounts

4.1 Registration

To use GoToTags Software or make purchases, you must create an account by providing your name, email address and other required information. You are responsible for providing accurate and current information and for updating it as necessary.

Access to GoToTags Software, the GoToTags Store, the GoToTags Cloud platform and other services requires a verified account. GoToTags determines the verification method at its sole discretion; the method currently in use is confirmation of the email address provided at registration. Verification is performed by sending a verification message to that address; you must respond to the message and complete the verification step to establish the account. If you do not respond, GoToTags does not investigate the reason and treats the account as unverified. GoToTags may add or change verification methods at any time, including requiring additional factors such as phone verification.

GoToTags may revoke or reset verification at any time at its sole discretion, including in response to suspected fraud, misuse or security concerns. If verification is revoked or reset, you must complete the verification process again to regain access.

The email address associated with an account may not be changed without prior written approval from GoToTags. Loss of access to that email address, for any reason including email provider changes, employer changes or domain transfers, effectively terminates your access to the associated account.

GoToTags is not responsible for investigating the cause of lost verification or lost email access, and is not liable for any loss of access, data, credits, orders or other consequences arising from an account becoming unverified or an account holder losing access to the associated email address.

4.2 Account Security

Your GoToTags account is accessed through email verification links or third-party authentication providers such as Apple and Google (“OAuth Providers”). You are responsible for maintaining the security of the email account and any OAuth Provider accounts used to access your GoToTags account, including ensuring that only authorized individuals have access to those accounts. You are responsible for all activity that occurs under your GoToTags account. If you become aware of any unauthorized access to your account, you must notify GoToTags immediately at help@gototags.com. GoToTags is not liable for any loss or damage arising from unauthorized access to your account, including access resulting from a compromise of your email account or OAuth Provider account.

4.3 Corporate Accounts

GoToTags may, at its sole discretion, designate a customer account as a corporate account. Corporate accounts are available only to legally registered business entities (such as corporations, LLCs or partnerships). To be considered for corporate account status, you may be required to:

• Provide business information as requested by GoToTags, which may include tax identification numbers, trade references, business registration or formation documentation and other relevant details;
• Undergo a credit check or background check;
• Execute a non-disclosure agreement (NDA); or
• Provide such other information as GoToTags may reasonably request.

Corporate account status is not guaranteed and may be granted or denied at GoToTags’ sole discretion. Corporate accounts may receive certain benefits, which may include:

• Eligibility for credit terms (such as net 30 payment terms as described in Section 18.3);
• Eligibility for sales tax exemption with valid documentation (see Section 17.4);
• Preferred pricing on products and services;
• Priority service and fulfillment; or
• Other benefits as determined by GoToTags from time to time.

Corporate account status may be revoked by GoToTags at any time, for any reason, including late payments, failure to meet credit obligations or changes in your business status. Revocation of corporate account status applies to future orders only; existing orders and outstanding invoices remain subject to their original terms. Upon revocation, the account reverts to a standard account and any corporate account benefits cease immediately for future transactions.

4.4 Age Requirements

If you are using the Site or Software for personal, non-commercial use, you must be at least 18 years old or the age of majority in your jurisdiction. Minors may use GoToTags products and software only with the consent of a parent or legal guardian, who assumes full responsibility for compliance with these Terms and ownership of the account.

GoToTags does not knowingly collect personal information from anyone under 13. Accounts may not be created by or for children under 13, and if GoToTags becomes aware of such information, it will take steps to delete it.

4.5 Account Termination

You may terminate your account at any time. GoToTags may also suspend or terminate your account at any time, with or without notice, if GoToTags believes you have violated these Terms or for any other reason at its sole discretion. Without limiting the foregoing, GoToTags may suspend your account in response to nonpayment of amounts owed, suspected security threats to the platform or other users, or suspected fraud or abuse.

Upon termination, your right to use all GoToTags Products, including Software and GoToTags Hardware, ceases immediately. Your roles on all groups and projects are also terminated.

Any group or project for which the terminated account is the sole remaining owner is also terminated. Any credits attached to a terminated group or project are forfeited unless otherwise required by law. Groups and projects that retain other owners continue to exist, and any credit packs attached to them are unaffected by the termination.

Provisions of these Terms that by their nature are intended to continue past termination remain in effect, including limitation of liability, indemnification, confidentiality and governing law.

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PART A: SITE AND SOFTWARE

5. GoToTags Products

5.1 Product Overview

GoToTags designs, develops and produces proprietary products including:

• Software: The GoToTags Cloud platform, GoToTags Desktop App, GoToTags mobile applications and any related firmware (collectively, “Software”).
• Hardware: NFC readers, UHF RFID readers, NFC and UHF RFID printer integrations, UHF RFID antennas, the Reel-Reel RFID Encoder and other devices designed and manufactured by GoToTags, including any embedded firmware (collectively, “GoToTags Hardware”).

Software and GoToTags Hardware are collectively referred to as “GoToTags Products” in these Terms. GoToTags Products are distinct from third-party products that GoToTags resells, which are addressed separately in these Terms.

5.2 License Grant

Subject to your compliance with these Terms, GoToTags grants you a limited, non-exclusive, non-transferable, revocable license to use GoToTags Products solely for your internal business or personal purposes. An account and its associated Software access may be used across multiple devices and locations, provided they remain within the same organization.

For GoToTags Hardware that is rented, your license to use the hardware and any embedded firmware is limited to the rental term specified in the applicable Hardware Rental Agreement.

5.3 License Restrictions

You shall not, and shall not permit any third party to:

• Copy, modify, adapt, translate or create derivative works of any GoToTags Product, including any Software or firmware;
• Reverse engineer, disassemble, decompile or otherwise attempt to derive the source code, algorithms, circuit designs or underlying structure of any GoToTags Product;
• Tamper with, bypass, disable or interfere with any security, authentication or access control features of any GoToTags Product;
• Remove, alter or obscure any proprietary notices, labels or markings on any GoToTags Product;
• Use any GoToTags Product for any unlawful purpose or in any manner that could damage, disable, overburden or impair GoToTags systems;
• Sublicense, rent, lease, sell or otherwise transfer any GoToTags Product or your access to it to any third party, except as expressly permitted under a Hardware Rental Agreement;
• Use any GoToTags Product to develop a competing product or service;
• Use automated means, bots or scripts to interact with the Software user interface, other than through the GoToTags APIs described in Section 5.9; or
• Physically modify, disassemble, repair or alter any GoToTags Hardware or its components, or attempt to extract or modify any firmware embedded in GoToTags Hardware.

5.4 Hardware Suitability

GoToTags Hardware is provided as-is. GoToTags Hardware may be manufactured using additive manufacturing (3D printing) and other non-traditional fabrication methods, which may result in variations in material properties, dimensional tolerances, surface finish and durability compared to conventionally manufactured products. You are solely responsible for determining the suitability of any GoToTags Hardware for your intended use, including evaluating its physical properties and limitations, and for ensuring compliance with all applicable laws, regulations and standards in your jurisdiction. GoToTags Hardware is not designed or intended for use in life safety, medical, critical infrastructure or any application where failure could result in injury, death or significant property damage.

5.5 Hardware Rentals

GoToTags Hardware may be available for rent. Hardware rentals are governed by a separate Hardware Rental Agreement provided at the time of rental. In the event of a conflict between these Terms and a Hardware Rental Agreement, the Hardware Rental Agreement shall control with respect to the specific rental.

5.6 Third-Party Components

GoToTags Products may incorporate third-party components, including software libraries, open-source software, firmware, microcontrollers, motor controllers, circuit boards, sensors and other electronic components. Such third-party components may be subject to their own license terms, warranties and specifications. GoToTags disclaims all liability arising from third-party components, including any failure, defect or incompatibility of such components. GoToTags makes no warranty regarding third-party components beyond what is offered by the original manufacturer. A list of third-party components and their applicable licenses is available at gototags.work/licenses.

5.7 Updates

GoToTags may, at its sole discretion, release updates, patches, firmware updates or new versions of GoToTags Products at any time. GoToTags is under no obligation to provide updates or to maintain backward compatibility. Continued use of GoToTags Products after an update constitutes acceptance of any changes.

5.8 Beta and Experimental Features

GoToTags may make certain Software features available on a beta, preview, experimental or early-access basis, or otherwise identify them as pre-release (“Beta Features”). Beta Features are provided at your own risk and are not intended for production use. Beta Features may cause damage that would not be expected in a generally available Software feature, including data loss, data corruption, incorrect encoding of NFC or UHF RFID tags (which may permanently corrupt tag memory) and incorrect data associations between tags and other data.

GoToTags may modify, throttle, gate access to or discontinue any Beta Feature at any time, without notice, and is under no obligation to promote a Beta Feature to general availability. Any data, configurations or state stored in or produced by a Beta Feature may be lost when the feature is modified or discontinued.

Support for Beta Features is provided on a best-effort basis, with no service level, uptime or accuracy commitment. GoToTags welcomes feedback and bug reports from Beta Feature users; your feedback, bug reports, suggestions and related communications about Beta Features are Submissions under Section 30 and may be used freely by GoToTags.

GoToTags may impose additional terms specific to a Beta Feature by notice at the point of access to that feature. Continued use of the Beta Feature after such notice constitutes your acceptance of those additional terms.

5.9 API Usage

GoToTags may provide application programming interfaces (APIs) as part of its cloud services and other products. Use of any GoToTags API is subject to these Terms and any additional API documentation published by GoToTags.

GoToTags may apply rate limits, throttling or usage restrictions to any GoToTags API, and may modify those limits at any time without notice. GoToTags may throttle, restrict or suspend your API access if you exceed applicable rate limits, if your usage degrades platform performance for other users, or if your usage is otherwise excessive or abusive, at GoToTags’ sole discretion. API interactions that consume credits are subject to the same credit terms described in Section 6.

5.10 Connectivity and System Requirements

GoToTags Software requires an active internet connection and the ability to connect to GoToTags servers. The Software may tolerate brief periods of connectivity loss but full functionality requires a persistent connection. Accurate system time on your device is required; incorrect system time may cause errors or prevent the Software from functioning correctly. Additional system requirements specific to each Software product may be published on the Site or in the applicable product documentation.

5.11 Accessibility

GoToTags supports accessibility and inclusion initiatives and works to make its Site, Software and other products usable by as broad an audience as reasonably practicable. These Terms do not warrant conformance with any particular accessibility standard.

5.12 Mobile Application Marketplaces

GoToTags mobile applications are distributed through third-party marketplaces, including the Apple App Store and Google Play. Your download and use of a GoToTags mobile application is also subject to the applicable marketplace’s terms of service and usage rules, and you agree to comply with them. These Terms are between you and GoToTags only, not with the marketplace operator; the marketplace operator is not responsible for the GoToTags mobile applications or their content.

For applications obtained from the Apple App Store, you and GoToTags acknowledge that:

• The license granted in Section 5.2 is limited to use of the application on Apple-branded devices that you own or control, as permitted by the usage rules in the Apple Media Services Terms and Conditions;
• Apple has no obligation to furnish any maintenance or support services for the application;
• In the event of any failure of the application to conform to an applicable warranty, you may notify Apple, and Apple will refund any purchase price paid for the application to you; to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the application, and any other warranty claims are governed by these Terms;
• Apple is not responsible for addressing any claims by you or a third party relating to the application or your possession or use of it, including product liability claims, claims that the application fails to conform to a legal or regulatory requirement and claims under consumer protection or similar law;
• In the event of a third-party claim that the application or your possession and use of it infringes that third party’s intellectual property rights, GoToTags, not Apple, is responsible for the investigation, defense, settlement and discharge of the claim to the extent provided in these Terms; and
• Apple and its subsidiaries are third-party beneficiaries of these Terms with respect to the application, and Apple has the right to enforce these Terms against you as a third-party beneficiary, notwithstanding Section 49.

6. Software Credits

6.1 Credit System

GoToTags Software operates on a prepaid, usage-based credit system and is not a subscription service. There are no monthly fees, seat-based charges or tiered plans. All Software features are available to every user without restriction; usage is metered through credits. Each interaction within a project deducts one or more credits from the credit balance available to that project, resolved as described in Section 6.8. A positive credit balance available to a project is required for the Software to work in that project; when the available balance reaches zero, the Software stops working in that project until additional credits become available.

Credits are a unit of measure for Software usage, not a stored monetary value. Credits are not a gift card, gift certificate, prepaid purchase card or stored-value product: credits have no cash value, are not denominated in or redeemable for currency, cannot be applied to the purchase of physical products or anything other than Software usage, are not transferable (see Section 6.11) and are consumable only within the group or project to which their credit pack is attached. The purchase of a credit pack is a prepayment for metered use of the Software under the license granted in these Terms, not the purchase of a monetary balance.

6.2 Credit Pack Ownership

Each credit pack is attached to and consumed by a designated group or project. An account with the appropriate permissions on the target group or project may purchase a credit pack for that target. Each credit pack has an initial payment transaction identifying the purchasing account and may accumulate one or more settlement invoices as described in Section 6.13; the purchasing account and the target group or project may differ.

The purchasing account is the party entitled to a refund or chargeback resolution for the initial payment transaction under Sections 6.10 and 6.12, and is responsible for paying any settlement invoices issued on the credit pack. The target group or project is the party entitled to consume the credit pack. This separation persists if the purchasing account is subsequently unverified, deactivated or terminated; the credit pack remains attached to its target group or project.

6.3 Initial Credits

When a new account is created, GoToTags issues a one-time, no-cost credit pack of 100 credits to the account’s initial organization (the group provisioned with that account as owner, per Section 3.2). No credit card or other payment commitment is required. This initial credit pack is limited to one per account. Creating multiple accounts to abuse the initial credit pack is prohibited and will result in account suspension.

6.4 Discretionary Credits

GoToTags may, at its sole discretion, issue no-cost credits to one or more groups or projects at any time, for any reason or no reason. Discretionary credits are not guaranteed, are not offered on a uniform basis and may be provided to some groups or projects and not others. Discretionary credits are subject to the same expiration, consumption, transfer, dispute and forfeiture terms as purchased credits and are non-refundable.

6.5 Credit Pricing

Credit pricing follows a graduated tiered model. Current published pricing is available on the Site. Credit pricing and interaction credit rates are reviewed and may be updated on a semi-annual cycle, with periods beginning January 1 and July 1 of each calendar year.

GoToTags may offer custom credit pricing for specific groups or projects at its sole discretion. Custom pricing is typically extended in connection with a corporate account (see Section 4.3) and applies to credit packs purchased for the designated group or project. Custom pricing supersedes published pricing for the designated group or project and remains in effect until modified or withdrawn by GoToTags.

6.6 Purchasing Credits

Additional credits are purchased in advance through credit packs. Any account with the appropriate permissions on the target group or project, including any account with the owner role on that target, may purchase a credit pack for that target. The purchasing account must designate the target group or project at the time of purchase; GoToTags does not infer or default the target. Each credit pack is sold at the credit rate applicable to the target group or project at the time of purchase. Each credit pack retains its own purchase date and expiration date. Credit packs do not merge.

6.7 Automatic Credit Reload

GoToTags may offer an automatic credit reload feature to help customers maintain a positive credit balance on a group or project and avoid interruption of Software interactions caused by delays in payment processing or procurement workflows. When enabled, GoToTags automatically purchases a specified credit pack for a specified group or project whenever the credit balance available to that target drops below a specified threshold. You choose the target group or project, the threshold at which the reload triggers and the credit pack that will be purchased. Each automatic reload is invoiced as a separate credit pack purchase at the credit rate applicable to the target group or project at the time of the transaction.

Automatic credit reload requires either a valid saved payment method on file or an active corporate account with credit terms as described in Section 4.3. The purchasing account must have the appropriate permissions on the target group or project.

The credit pack selected for automatic reload must be at least the minimum credit pack size published on the Site. Automatic reloads are limited to two (2) per calendar day per target group or project.

You may modify or disable automatic credit reload at any time through your account settings or by contacting GoToTags. Disabling reload takes effect immediately for any future triggers. If an automatic reload fails to process due to a declined payment method, expired card or other payment issue, GoToTags will notify you and may retry the transaction. If the issue is not resolved, GoToTags may disable automatic credit reload at its discretion. All credits purchased through automatic reload are subject to the same expiration, refund and usage terms as standard credit packs.

6.8 Credit Consumption

When an interaction occurs within a project, credits are consumed from credit packs in the following order: first from credit packs attached to the project; then from credit packs attached to the project’s parent group; then from credit packs attached to each successive parent group up the hierarchy; and finally from credit packs attached to the organization at the top of the hierarchy. Within each level, credit packs are consumed from the oldest credit pack first in a first-in, first-out (FIFO) order by purchase date. Different interaction types consume credits at different rates, as published on the Site.

6.9 Credit Expiration

Credits within a credit pack expire one (1) year from the credit pack’s purchase date, as defined by the initial invoice date. Any unused credits at the time of expiration are forfeited, except where prohibited by applicable law. GoToTags may send courtesy reminders prior to credit expiration but is under no obligation to do so.

6.10 Credit Refunds

Credit packs are refundable only if all of the following conditions are met:

• No usage has been applied to the credit pack; and
• The refund request is made within two weeks of the credit pack’s initial invoice date.

A refund request may be made by the purchasing account or by an account with sufficient permissions on the target group or project. Refunds are processed to the payment method used on the initial payment transaction, regardless of any subsequent change in the purchasing account or in roles on the target group or project. Refunds are only issued for full, unused credit packs. Partial or prorated refunds are not available. Settlement invoices under Section 6.13 are not refundable, since they represent credits that have already been consumed.

6.11 Credit Transfer

Credit packs are tied to the group or project to which they were originally attached and cannot be transferred to other groups or projects. Credits available to a group or project may be consumed by any interaction occurring within that group or project or any project below it in the hierarchy, subject to the consumption order in Section 6.8.

6.12 Payment Disputes

If the initial payment transaction for a credit pack is disputed or charged back, the credits from that specific credit pack are removed, regardless of the target group or project to which the credit pack was attached. If the credits from the disputed credit pack have already been consumed, the target’s credit balance may become negative and is subject to the overage settlement process described in Section 6.13. Software interactions within that target may be restricted until the balance is resolved. Repeated or unresolved disputes may result in suspension of the purchasing account, the target group or project, or both, at GoToTags’ sole discretion.

Chargebacks on other GoToTags orders are addressed in Section 18.7.

6.13 Overage

Despite GoToTags’ efforts to prevent it, the credits consumed against a credit pack may exceed the credits originally purchased in that pack, resulting in a negative credit balance for the group or project that owns the pack. This condition is referred to as overage. Common causes include chargebacks (see Section 6.12), payment disputes, timing gaps between interactions and balance updates, fractional credit consumption, and offline use by Desktop or Mobile applications that record interactions locally and report them to the Cloud once connectivity is restored. Once the Software recognizes that the credit balance available to a group or project is non-positive, the Software stops working for that group or project until the balance is restored.

GoToTags settles overage by issuing a settlement invoice on the affected credit pack for the number of overrun credits, priced at the credit rate applicable to that credit pack at the time of its original purchase. A credit pack may accumulate one or more settlement invoices over its life. Each settlement invoice is a distinct payment obligation of the account that purchased the credit pack, separate from the initial payment transaction for that pack, and is subject to the payment terms and late-payment provisions in Section 18.

An outstanding settlement invoice on any credit pack attached to a group or project must be paid in full as a condition of any subsequent credit pack purchase for that group or project. Automatic credit reload configured for a group or project with an outstanding settlement invoice will not trigger until the settlement invoice is paid.

GoToTags may notify accounts or owners of an outstanding settlement invoice as a courtesy but is under no obligation to do so; you are responsible for monitoring the credit balance of groups and projects for which you hold a role.

7. Support

GoToTags provides support via email, chat and phone. The scope of support depends on your relationship with GoToTags:

• Order and product support is available to all customers. This includes assistance with order questions, shipping inquiries and basic tag issues.
• Software and GoToTags Hardware support is available to customers who have access to a group or project with an active credit balance. This includes assistance with Software features, encoding file setup, chip guidance and GoToTags Hardware troubleshooting.

GoToTags does not provide developer-level support such as writing code, building integrations or architecting systems. GoToTags does not provide business support or guidance such as business strategy, use case consulting, ROI analysis or deployment planning. GoToTags may, at its sole discretion, offer such services under a separate engagement or retainer for a negotiated fee.

8. Data

8.1 Data Categories

Data generated in connection with GoToTags products is one of the following categories:

• Submitted Data means data you provide directly (such as encoding data, artwork, files and account information) and data generated by your or an End-User’s use of GoToTags products as reported by a device (such as raw tag scan events, raw device-reported geolocation, timestamps reported by a device, and content encoded onto a tag).
• Derived Data means data GoToTags computes, calculates, infers, enriches or aggregates from Submitted Data or from other Derived Data. Examples include place inference from raw geolocation, session analytics, aggregated statistics and machine-learning-inferred attributes.

8.2 Ownership and License

You retain ownership of Submitted Data. You grant GoToTags a non-exclusive, worldwide, royalty-free license to host, store, transmit, reproduce, modify, process and create derivative works from Submitted Data for the purposes of providing GoToTags products and services, generating Derived Data, improving GoToTags products and services and complying with legal obligations. GoToTags may use aggregated, anonymized data derived from Submitted Data for purposes such as improving GoToTags products, analyzing trends and supporting product development.

GoToTags owns Derived Data. GoToTags grants you a perpetual, non-exclusive, royalty-free license to access, use and export Derived Data that pertains to your account, for your own business purposes.

8.3 Your Warranties for Submitted Data

You represent and warrant that all Submitted Data:

• Does not contain any unlawful content or content unfit for publication;
• Has been scanned for and is free of viruses, malware or other harmful code;
• Is rightfully owned by you or you have an unrestricted right to provide it to GoToTags and to authorize its use as described in Section 8.2; and
• Does not infringe any third party’s intellectual property rights, privacy rights or other rights.

GoToTags may reject, remove or delete Submitted Data at its sole discretion if it has a reasonable basis for concern that the data breaches these warranties.

8.4 Accuracy and Correction of Derived Data

Derived Data is generated by GoToTags Software and may be inaccurate, incomplete or wrong for any reason. GoToTags does not warrant the accuracy or completeness of Derived Data. GoToTags is not liable for any loss, cost or other consequence arising from reliance on Derived Data.

GoToTags may modify, correct, replace or delete Derived Data, including historical Derived Data, at any time, at its sole discretion and without notice. Corrections may be applied retroactively to fix errors, improve accuracy or reflect updated methods.

8.5 Data Storage

GoToTags stores Submitted Data and Derived Data across multiple systems, including the GoToTags Cloud platform at gototags.cloud, the GoToTags Store and other GoToTags products. Data is primarily stored on servers located in the United States. GoToTags may use content delivery networks and edge caching services that operate in multiple regions worldwide for the delivery of static content and general platform performance.

8.6 Data Retention

GoToTags is under no obligation to store, retain, back up or preserve Submitted Data or Derived Data for any period, unless you have enrolled in and paid for a specific GoToTags data retention or backup service under a separate written agreement; no such service arises by implication, course of dealing or oral statement. GoToTags may delete data at any time, including upon account termination, and without notice.

You are solely responsible for maintaining your own backups of any Submitted Data or Derived Data you wish to preserve. GoToTags provides no assurance that data will be available for retrieval at any time or after account termination, and data may become permanently inaccessible without notice. The perpetual license granted in Section 8.2 does not create a retention obligation on GoToTags; it applies only while the underlying data exists.

GoToTags may retain certain data as required for legal, compliance or accounting purposes. GoToTags is not liable for the deletion, loss or inaccessibility of any data.

Paid retention or backup services, if offered by GoToTags, will be governed by separate terms in addition to these Terms that specify retention periods, service levels and any other applicable commitments.

8.7 Data Security

GoToTags takes reasonable measures to protect data stored in the GoToTags Cloud. GoToTags cannot guarantee the absolute security of your data, and no method of electronic storage is completely secure. GoToTags is not liable for any unauthorized access to, or loss or corruption of, your data.

8.8 Data Breach Notification

In the event of a confirmed security incident that affects Submitted Data or Derived Data associated with your account, GoToTags will notify you without unreasonable delay after discovery. The notification will describe, to the extent then known, the nature and scope of the incident, the timing, the categories of data affected and the mitigation and remediation actions taken or planned. GoToTags will provide reasonable follow-up updates as its investigation progresses.

You are responsible for any downstream notification obligations you may have to End-Users, regulators or other third parties under applicable law or your own agreements. GoToTags will cooperate with reasonable requests to support those notification obligations.

9. Tag Interactions and End-User Data

9.1 Tag Interaction Platform

GoToTags operates a tag interaction platform that processes requests when NFC or UHF RFID tags are scanned or tapped by end-user devices. This platform is accessible through GoToTags-operated domains (such as gtt.gs and its subdomains) as well as through customer-owned domains configured to route to GoToTags servers via DNS (e.g., CNAME records).

When tags encoded to the GoToTags platform are made available to the public, individuals who scan or tap those tags (“End-Users”) interact with the platform. GoToTags collects certain data from these interactions, including device information, timestamp and geolocation data, as described in the Privacy Policy.

9.2 Domain Selection and Tag Permanence

The domain encoded on an NFC or UHF RFID tag may be permanently locked after encoding, depending on the tag configuration. Once a tag is locked, the encoded data, including the domain, cannot be changed. GoToTags strongly recommends locking tags before public deployment to prevent unauthorized modification, and you acknowledge that deploying unlocked tags in public carries inherent security risks for which GoToTags is not responsible. The selection of the domain to be encoded on a tag is your sole responsibility. You acknowledge and agree that:

• Tags encoded with a GoToTags-operated domain (such as gtt.gs) are dependent on GoToTags’ continued operation of that domain and the tag interaction platform. GoToTags does not guarantee the perpetual availability of any domain or service. If GoToTags discontinues or modifies the tag interaction platform or any GoToTags-operated domain, tags encoded with that domain may cease to function, and GoToTags shall have no liability for any resulting loss or damage.
• Tags encoded with a customer-owned domain are dependent on both your continued ownership and proper DNS configuration of that domain and on the continued operation of the GoToTags tag interaction platform. If GoToTags discontinues or modifies the tag interaction platform, tags encoded with your custom domain may cease to function through the GoToTags platform. Because you control the domain, you may mitigate this risk by directing the domain to an alternative web application capable of responding at the encoded URL. GoToTags is not responsible for any disruption caused by changes to your domain ownership, DNS configuration, the expiration or transfer of your domain or the discontinuation of the GoToTags platform.

In either case, GoToTags is not liable for consequences arising from the inability to change the domain or data encoded on a locked tag after encoding.

9.3 Custom Domain Configuration

Use of a custom domain with the GoToTags tag interaction platform requires prior written approval from GoToTags and may be subject to additional fees. Unauthorized use of DNS records (such as CNAME entries) to route a custom domain to GoToTags servers without approval is prohibited and will be blocked. If approved, you are responsible for maintaining proper DNS configuration, domain registration, SSL certificates (if applicable) and compliance with any applicable domain registrar terms. GoToTags may revoke custom domain approval at any time at its sole discretion. GoToTags is not liable for any interruption of service caused by misconfiguration, expiration or loss of your custom domain.

9.4 Customer Responsibility for Tag Content

You are solely responsible for all content, data, URLs, redirects and experiences delivered to End-Users through tags that you encode and deploy using GoToTags products and services. GoToTags acts solely as a platform provider and does not review, approve or endorse any content delivered through tags. GoToTags is not liable for any harmful, misleading, offensive, unlawful or otherwise objectionable content delivered to End-Users through your tags. You agree to indemnify and hold GoToTags harmless from any claims arising from the content delivered through tags you deploy.

9.5 Customer Responsibility for End-User Notice

If you use GoToTags products and services to deploy tags that will be interacted with by End-Users, you are solely responsible for:

• Providing appropriate notice to End-Users that data may be collected when they interact with your tags;
• Obtaining any consents required by applicable law, including data protection, privacy and consumer protection laws in the jurisdictions where your tags are deployed;
• Ensuring that your use of the tag interaction platform and the data collected through it complies with all applicable laws and regulations; and
• Including any required disclosures on or near the physical tags, or on any materials associated with them.

GoToTags is not liable for your failure to provide adequate notice or obtain required consent from End-Users. You agree to indemnify and hold GoToTags harmless from any claims arising from your failure to meet these obligations.

9.6 End-User Privacy

Tag interactions through GoToTags-operated domains are subject to the GoToTags Privacy Policy, which describes the data collected from End-Users during tag interactions. If you use a custom domain, you are responsible for providing your own privacy notice to End-Users.

9.7 Data Processing

When GoToTags collects and processes End-User interaction data on your behalf through the tag interaction platform, GoToTags acts as a data processor and you are the data controller for purposes of applicable data protection laws. GoToTags’ role as processor, the categories of data processed and GoToTags’ data processing practices are described in further detail in the Privacy Policy. If you require a Data Processing Addendum (DPA) to comply with applicable data protection laws, contact help@gototags.com.

10. Encoding

10.1 Encoding Overview

Encoding is the process of writing data to an NFC or UHF RFID tag’s chip. GoToTags primarily offers encoding as a service for tags purchased from GoToTags, and also provides software and hardware products that enable customers to encode tags themselves.

GoToTags Software does not support all NFC and UHF RFID chip types, all features of supported chip types or all encoding formats. GoToTags supports NDEF encoding; other encoding formats may not be available.

These same limitations apply to GoToTags encoding services, which are performed using GoToTags Software.

10.2 Product Independence

GoToTags tags, software and hardware are separate products. Purchasing one does not include, entitle you to or require the use of any other. For example:

• Purchasing NFC or UHF RFID tags from GoToTags does not include access to GoToTags Software or any software credits;
• Purchasing or renting GoToTags Hardware (such as an NFC or UHF RFID reader) does not include access to GoToTags Software or any software credits;
• Using GoToTags Software does not require the use of GoToTags tags or GoToTags Hardware; and
• Using GoToTags tags does not require the use of GoToTags Software or GoToTags Hardware.

Each product is licensed, sold or rented on its own terms.

10.3 Self-Encoding

Customers who purchase tags from GoToTags are not required to use GoToTags’ encoding services. You may encode tags yourself using GoToTags Software, third-party software or your own tools. If you choose to self-encode, GoToTags is not responsible for the accuracy, completeness or functionality of the data you encode, or for any damage to tags caused during the encoding process.

10.4 Correlated Encoding

Some encoding orders involve correlated encoding, in which data encoded on a tag is derived from or linked to other data on the tag or its packaging (for example, encoding data based on a printed barcode, QR code or serial number on the tag). Correlated encoding is a complex process that requires careful coordination between printed and encoded data. You are responsible for ensuring the accuracy and completeness of all data mappings and correlation logic provided to GoToTags. GoToTags may charge additional fees for correlated encoding, which will be quoted in advance. GoToTags is not liable for errors in correlated encoding that result from inaccurate, incomplete or ambiguous correlation data provided or approved by you.

10.5 Encoding Data Design

The design of your encoding data scheme is your sole responsibility. GoToTags strongly recommends designing encoding schemes that are durable and fault tolerant. Encoding, manufacturing, shipping and deployment processes may introduce errors including tags delivered out of sequence, missing identifiers, duplicate identifiers and non-functional tags (see Section 20.2). A well-designed encoding scheme should account for these possibilities.

GoToTags strongly advises against encoding schemes that:

• Depend on sequential order. For example, using sequential serial numbers, sequential URLs or incrementing identifiers in any system that depends on tags being physically delivered or deployed in a specific order. Reliance on sequential data that must remain in physical order is a fundamental design limitation. If your use case requires a correlation between encoded data and physical tag order, GoToTags recommends redesigning your system to use unique, non-sequential identifiers that can be associated with physical tags at the time of deployment through scanning, rather than relying on delivery sequence.
• Require a complete set of identifiers. For example, encoding tags with the numbers 1 through 100 in a system that fails if any single identifier is missing. Tags may be lost, damaged or defective at any stage from production through deployment, including after delivery and before use. Your system should be designed to function correctly even if individual tags are missing from the set.
• Cannot tolerate duplicate identifiers. Manufacturing and encoding processes may occasionally produce duplicate data on multiple tags. Your system should be designed to detect and handle duplicates gracefully.

GoToTags is not liable for any loss, cost or disruption caused by tags being delivered or deployed out of sequential order, missing from a set or containing duplicate data. You are solely responsible for designing an encoding scheme that accommodates the realities of physical product manufacturing and delivery.

GoToTags strongly recommends encoding as little data as possible to a tag’s memory. The more data written to a tag, the longer it takes for a device to read the tag and the greater the likelihood that the read session will be interrupted or broken before the data transfer is complete. A common mistake is encoding long URLs that include tracking parameters or analytics identifiers (such as Google Tag Manager parameters). Instead, use short URLs or minimal unique identifiers and perform any data lookups, redirects or parameter appending on the server side. Shorter encoded data results in faster, more reliable tag interactions.

10.6 Third-Party Encoding Vendors

GoToTags may use third-party vendors to perform encoding services on its behalf. These vendors may use GoToTags Products as part of the encoding process. All terms in this Section 10, as well as Section 16.3 (Encoding Data Approval), apply to encoding performed by third-party vendors in the same manner as encoding performed directly by GoToTags.

10.7 Consigned Encoding

GoToTags may, at its sole discretion, accept customer-supplied tags for encoding (“Consigned Encoding”). Consigned Encoding is offered on a case-by-case basis and is not guaranteed to be available. If GoToTags agrees to perform Consigned Encoding, the following terms apply:

• You are responsible for shipping tags to GoToTags at your own expense and risk;
• GoToTags is not responsible for tags lost or damaged during transit to or from GoToTags;
• Tags must arrive in a condition suitable for encoding as determined by GoToTags. GoToTags may reject tags that are damaged, incompatible or otherwise unsuitable;
• GoToTags is not liable for any damage to, loss of or reduction in functionality of customer-supplied tags that occurs during the encoding process, including tags that are rendered non-functional, incorrectly encoded or physically damaged during handling, encoding or repackaging;
• Customer-supplied tags may have a higher defective rate or present compatibility issues that are not present with tags sourced by GoToTags. GoToTags is not responsible for pre-existing defects in customer-supplied tags;
• GoToTags does not warrant the encoding performance, read range or functionality of customer-supplied tags after encoding; and
• Additional fees may apply for Consigned Encoding, which will be quoted in advance.

You acknowledge that Consigned Encoding carries inherent risks and that GoToTags’ agreement to perform Consigned Encoding does not create any warranty or liability beyond what is expressly stated in these Terms. If tags are damaged or lost during Consigned Encoding, GoToTags’ sole obligation, if any, is limited to refunding the encoding service fee for the affected tags. GoToTags is not liable for the replacement cost of customer-supplied tags under any circumstances.

10.8 Data Management Across Orders

You are solely responsible for managing your encoding data across orders, including ensuring data consistency, avoiding duplication and tracking what has been produced. For example, if you place multiple orders with sequential encoding (such as incrementing serial numbers or unique identifiers), it is your responsibility to provide the correct starting values and to ensure that no duplicates exist across orders, including orders placed with other suppliers. GoToTags makes reasonable efforts to identify potential errors but cannot guarantee detection. GoToTags is not liable for encoding data conflicts, duplicates or errors that result from incomplete or inaccurate instructions provided by you.

Customers requiring GoToTags to manage encoding data across orders should contact GoToTags at help@gototags.com about a separate data management service.

11. Artificial Intelligence

11.1 AI-Powered Support

GoToTags uses AI-powered chatbots for customer support. Chatbot responses are generated by artificial intelligence and may be inaccurate, incomplete or outdated. Chatbot responses do not constitute official GoToTags guidance, are not binding and do not modify or override these Terms. For authoritative information, contact GoToTags directly at help@gototags.com.

11.2 AI Features in Software

GoToTags may introduce AI-powered features in the Software. AI-generated outputs are provided as-is and may contain errors. You are solely responsible for reviewing and validating any AI-generated output before relying on it. GoToTags is not liable for any loss or damage resulting from reliance on AI-generated output.

11.3 Data and AI Training

GoToTags may use aggregated, anonymized data to train or improve AI models, consistent with Section 8.2. GoToTags will not use your identifiable data or Confidential Information to train AI models without your consent.

12. Site Content

12.1 Ownership

The Site and all materials on it, including text, images, illustrations, designs, icons, photographs, video clips, software and other content, and the copyrights, trademarks, trade dress and other intellectual property therein (collectively, “Content”), are owned, controlled or licensed by GoToTags.

12.2 Limited Use

The Content is provided for informational purposes only. You may download or copy Content for your personal, non-commercial use only. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or exploit any Content or the Site without the prior written consent of GoToTags.

12.3 Accuracy of Information

All specifications, technical data, product descriptions and other information on the Site are provided for reference purposes only and may contain errors or inaccuracies. GoToTags does not warrant the accuracy, completeness or reliability of any information on the Site. You are solely responsible for independently verifying any information before relying on it. GoToTags is not liable for any decisions made or actions taken based on information on the Site.

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PART B: PRODUCT AND SERVICE SALES

13. Scope of Sales Terms

This Part B governs all orders for physical products and services from GoToTags, including NFC tags, UHF RFID tags, hardware, encoding services, customization services (such as printing and laser engraving) and custom products. These terms apply whether orders are placed through the Site, by phone, by email or by chat. All order channels are subject to the same terms. Unless a section in this Part B expressly states otherwise, the warranty, return, product specification and quality terms in this Part B apply to physical products and not to Software or software credits, which are governed by Part A.

Listings on the Site and other written materials provided to you by GoToTags are invitations for you to place an order; they are not binding offers, agreements or commitments by GoToTags to supply any products or services. GoToTags may accept or decline any order at its discretion.

14. Quotes

14.1 Nature of Quotes

GoToTags may provide written quotes for products and services. A quote is not a binding offer or commitment by GoToTags to supply products or services at the quoted price; GoToTags may accept or decline any order at its discretion, including after issuing a quote. All quotes are issued in US dollars unless explicitly stated otherwise.

14.2 Quote Validity

Unless otherwise stated on the quote, quotes are valid for thirty (30) days from the date of issuance. After the validity period expires, GoToTags is under no obligation to honor the quoted pricing or terms. GoToTags may extend or reissue quotes at its discretion.

14.3 Acceptance of Quotes

You may accept a quote through the GoToTags online portal, or by confirming acceptance via email, phone or chat. Acceptance of a quote converts it into an order, which is then subject to GoToTags’ order review and acceptance process as described in Section 15.3. GoToTags may, at its discretion, require a signature or additional confirmation prior to processing an accepted quote.

14.4 Modification and Withdrawal

GoToTags reserves the right to modify or withdraw a quote at any time prior to your acceptance. If a quote is modified, the updated quote supersedes all prior versions.

14.5 Quote Accuracy

While GoToTags strives to ensure that all quotes are accurate, errors may occur. GoToTags is not bound by quotes that contain obvious errors or omissions. If an error is discovered after acceptance, GoToTags will notify you and provide an opportunity to cancel or confirm the order at the corrected price.

15. Ordering

15.1 Self-Service Orders Through the Site

Orders placed through the Site are not binding sales orders at the time of submission. When you place an order through the Site, you are submitting a request that is subject to review by GoToTags. During checkout, you may select one of the following options:

• Quote: GoToTags will review your request and respond with a formal quote. The quote will reflect confirmed pricing, shipping costs and any other applicable charges. The quote is not binding on either party. You may accept the quote through the GoToTags online portal, or by confirming acceptance via email, phone or chat, to convert it into a sales order, subject to GoToTags’ acceptance as described in Section 15.3.
• Online: You provide payment at checkout through GoToTags’ third-party payment processor, using a supported method such as credit or debit card, ACH or bank transfer. GoToTags will review your request; if it is accurate and complete, GoToTags may accept it and proceed to fulfillment without issuing a separate quote. If adjustments are needed (for example, to pricing, shipping or product selection), GoToTags will contact you or issue a revised quote for your review and approval. Payment at checkout does not constitute acceptance of your order by GoToTags. If GoToTags declines the order, any payment collected at checkout will be refunded.
• Offline: You place the order without providing payment at checkout, and payment is arranged outside the online checkout (for example, against a purchase order under approved credit terms). The order is subject to the same review process, and payment may ultimately be made using any payment method accepted under Section 18.1.

In all cases, no sales contract exists until GoToTags has reviewed and accepted the order as described in Section 15.3.

15.2 Orders Placed by Phone, Email or Chat

Orders may also be placed by phone, email or chat. These orders are subject to the same review and acceptance process. All order channels are governed by the same Terms.

15.3 Order Review and Acceptance

All orders, regardless of how they are placed, are subject to review by GoToTags. GoToTags will contact you within two business days if an amendment needs to be made or if GoToTags chooses to decline the order. If you receive no such communication within two business days, your order is deemed accepted. GoToTags may choose not to accept any order for any reason or no reason. No sales contract exists between you and GoToTags until your order has been accepted as described herein.

15.4 Order Confirmation

Upon acceptance of your order, GoToTags will send you an Order Confirmation via email. For orders involving pre-approved credit terms or purchase orders, the Order Confirmation will be accompanied by an invoice.

15.5 Supremacy of GoToTags Terms

These Terms shall take precedence over and supersede any and all terms, conditions or provisions contained in any purchase order, request for proposal or other document submitted by you, regardless of when such document is submitted. Any such conflicting terms are hereby rejected and shall be void and of no effect. Acceptance by GoToTags of any purchase order or other document from you does not constitute acceptance of any terms contained therein. Your assent to these Terms, to the exclusion of any terms submitted by you, is an express condition of GoToTags’ acceptance of any order.

15.6 Order Changes

Changes to accepted orders, including changes to shipping address, artwork, encoding data, quantities or product specifications, may be requested but are not guaranteed. GoToTags may accept or decline change requests at its sole discretion. Accepted changes may result in revised pricing, extended lead times or both. Changes to Custom Products after proof approval may not be possible (see Section 16.2). You are responsible for any additional costs resulting from order changes.

GoToTags may, at its sole discretion, offer expedited or rush processing for an additional fee. Rush availability is not guaranteed and depends on production capacity and order complexity. Even where a rush fee is agreed, GoToTags does not guarantee that expedited timelines will be met.

15.7 Order Independence

Each order is independent. No order inherits approvals, data, specifications, artwork or any other materials from any prior order, even if the orders are identical or similar. Repeat orders must go through the full ordering, proof and approval process. Referencing a prior order does not substitute for providing complete and accurate information for a new order.

15.8 Customer-Submitted Materials

GoToTags may retain customer-submitted materials (including encoding data, artwork, print files and other specifications) after an order has been delivered. Retention of these materials is a courtesy and does not create any obligation. GoToTags may delete customer-submitted materials at any time without notice. You are responsible for maintaining your own copies of all materials submitted to GoToTags.

16. Custom Products

16.1 Definition

A “Custom Product” is any GoToTags product that is made to order, including orders involving custom printing, laser engraving, encoding, manufacturing, unusual quantities of products or special products not ordinarily maintained in inventory.

16.2 Proofs and Approval

For Custom Products involving custom printing, laser engraving or manufacturing, you will receive a virtual proof for your review and approval. A virtual proof may be delivered in any format, including a PDF, image file, email or portal preview. GoToTags does not provide physical samples as proofs; however, GoToTags will make reasonable efforts to identify and disclose known sources of significant variance between the virtual proof and the final product.

Once you approve a virtual proof, your order enters production and no further changes may be made. Approval may be communicated through any channel, including the GoToTags online portal, email, phone or chat. Any approval you provide constitutes acceptance regardless of the format of the proof or the channel through which approval is given.

You are solely responsible for reviewing the proof for accuracy, including text, artwork, layout, data, encoding specifications and all other content. Your approval of the proof constitutes your acceptance and confirmation that all content is accurate and complete.

The approved proof is the sole governing document for production. GoToTags produces Custom Products exclusively in accordance with the approved proof. Any artwork, files, specifications or other materials you submitted prior to proof approval are superseded by the approved proof and have no bearing on what constitutes a conforming product.

If there is any discrepancy between your original submitted materials and the proof, it is your responsibility to identify and resolve the discrepancy before approving the proof. GoToTags shall not be liable for any errors or omissions in content that were present in the approved proof, regardless of which party introduced the error.

16.3 Encoding Data Approval

For orders involving encoding services, you are responsible for providing accurate and complete encoding data. GoToTags may request that you provide additional encoding data beyond the ordered quantity, typically up to five percent (5%) more, to account for tags that may be lost or rendered non-functional during the manufacturing and encoding process. Not all provided encoding data will necessarily be encoded onto tags. GoToTags requests this data in advance to avoid delays or restarts in the manufacturing process. This is an additional reason to design encoding schemes that are durable and fault tolerant (see Section 10.5).

GoToTags may provide encoding data previews or summaries for your review. Your approval of the encoding data constitutes your acceptance that the data is accurate and complete. GoToTags shall not be liable for errors in encoding that result from inaccurate or incomplete data provided or approved by you.

16.4 Color and Appearance

Custom Products are produced according to the artwork and specifications you provide. The actual appearance of finished products may vary depending on the customization method (printing, laser engraving, etc.) and materials used and will not necessarily match how they appear on the screen of your computing device. Variations in color, texture, depth or appearance between the virtual proof and the final physical product are not considered defects.

16.5 Materials Submitted by You

You represent and warrant that all materials, information, content and data submitted to GoToTags in connection with your order or customization (“Materials”):

• Do not contain any unlawful content or content unfit for publication;
• Have been scanned for and are free of viruses, malware or other harmful code;
• Are rightfully owned by you or you have an unrestricted right to provide them to GoToTags and to authorize their incorporation into products; and
• Do not infringe any third party’s intellectual property rights, privacy rights or other rights.

GoToTags reserves the right to refuse Materials if GoToTags has a reasonable basis for concern that the Materials are not being legally applied to a product.

You agree to indemnify, defend and hold GoToTags harmless from and against any third-party claims arising out of or related to Materials you submit, including claims based on alleged infringement of intellectual property rights.

17. Prices and Taxes

17.1 Prices

The price for products and services is the price in force at the time your order is placed and will be specified in the acknowledgement email, sales quote (if applicable) and Order Confirmation. GoToTags may change quoted prices at any time prior to order acceptance without notice. All prices are quoted in US dollars unless explicitly stated otherwise.

Prices on the Site do not include handling, shipping, freight, applicable sales taxes, value added taxes, import duties or other similar charges unless expressly stated.

17.2 Price Errors

While GoToTags strives to ensure pricing accuracy, errors may occur. If the correct price is higher than the price stated in the Order Confirmation, GoToTags will notify you of the correct price, and you may cancel your order within seven days of receiving notice of the correct price. GoToTags is under no obligation to deliver products at an incorrect price.

17.3 Price Matching

GoToTags strives to offer competitive pricing and welcomes the opportunity to review competitor offers. To request a price match, contact GoToTags with a sales quote or written offer including the full product price, product specifications, supplier information and payment and shipping terms. GoToTags will review the offer and may match or beat the price at its sole discretion. GoToTags may also recommend alternative products that better suit your requirements. Price matching is not guaranteed.

17.4 Sales and Use Tax

For orders shipped within the United States, applicable sales taxes will be calculated and displayed at the time of order and specified in the Order Confirmation.

Corporate account customers may qualify for sales tax exemption by providing valid documentation, such as resale certificates, government tax-exempt certificates, religious organization exemptions or other applicable documentation. Sales tax exemption applies only after GoToTags has received and accepted the documentation. GoToTags reserves the right to verify, request additional information or reject tax exemption documentation at its sole discretion. It is your responsibility to ensure that your tax exemption documentation remains current and valid. GoToTags is not liable for taxes assessed as a result of expired, invalid or insufficient documentation.

Where GoToTags does not collect sales tax, the buyer’s state, province or territory may still assess use tax or its equivalent on the purchase. Use tax is a self-assessed tax on goods purchased outside the buyer’s own jurisdiction; in Canada, the equivalent is self-assessed GST, HST, PST or QST on imports or out-of-province purchases. Calculating, reporting and paying any such tax is your sole responsibility. GoToTags does not advise on tax filings and is not liable for penalties, interest or other consequences of a failure to file or pay.

You remain solely responsible for the payment of any taxes owed on your purchases, regardless of whether GoToTags was able to assess, collect or notify you of the tax.

If you believe sales tax was charged in error, notify GoToTags within thirty (30) days of the Order Confirmation to request a correction. Requests submitted after thirty (30) days cannot be processed.

17.5 International Duties and Taxes

For international orders, your order may be subject to import duties, tariffs, taxes and customs charges imposed by the destination country. All such charges, including customs clearance fees, are your sole responsibility. GoToTags has no control over these charges and cannot predict their amount. GoToTags advises you to contact your local customs office for information prior to placing an international order.

18. Payments

18.1 Payment Methods

Payments are processed through third-party payment processors. GoToTags accepts various payment methods including credit and debit cards, digital wallets, bank transfers (ACH and wire), check, stablecoin cryptocurrency and other methods supported by GoToTags’ payment processors. GoToTags does not accept cash, precious metals, gift cards, prepaid cards or cryptocurrency other than stablecoin. Available payment methods may change at any time.

GoToTags will not manufacture or ship products until payment or an approved purchase order has been received. For payments made by check, payment is not considered received until the funds have fully cleared in GoToTags’ bank account.

Payment is considered received when the full invoice amount clears in GoToTags’ bank account. If a payment received by GoToTags is less than the invoice amount for any reason, including deductions by your bank, intermediary banks or payment processors on the sender’s side, the invoice is treated as partially unpaid. You are responsible for paying the shortfall. GoToTags may, at its sole discretion, accept a short payment as full satisfaction of the invoice.

18.2 Payment Processing Fees

GoToTags does not assess processing fees on payments, except that credit card payments may be subject to a 3.2% processing fee for orders totaling $5,000 USD or more.

18.3 Credit Terms

GoToTags may agree to extend credit terms to customers with an approved corporate account (see Section 4.3). GoToTags may decline to extend credit for any reason.

If credit is extended, standard payment terms are net 30 days from the invoice date. The invoice date is the date the applicable purchase order is accepted and the order enters production. GoToTags is not obligated to deliver products if payment due on the invoice has not been received.

GoToTags may revoke extended credit terms and require prepayment on future orders at any time, including on any failure to pay an invoice on time.

18.4 Late Payments

Past due amounts accrue interest at a rate of one percent (1%) per month until paid in full. GoToTags reserves the right to pursue collection through all means legally available.

You are responsible for all costs of collecting past due amounts, including attorneys’ fees, court costs and collection agency fees.

While an invoice remains unpaid past its due date, GoToTags may suspend your access to Software, halt credit consumption, refuse new orders and pause your open orders or those of your group, in addition to any other remedies available. Suspension does not relieve you of accrued payment obligations.

Payments received are applied to the oldest outstanding invoice first unless GoToTags directs otherwise. GoToTags may reject your designation of which invoice a payment applies to.

18.5 Retention of Title on Credit Orders

For orders shipped on credit terms under Section 18.3, title to and ownership of the products remain with GoToTags until the invoice for those products has been paid in full, notwithstanding the transfer of title provisions in Section 21.1. Risk of loss transfers on shipment as described in Section 21.1. Until title passes to you, you hold the products as bailee for GoToTags, must keep them identifiable as GoToTags’ property to the extent practicable and must insure them against loss or damage. In the event of your default, GoToTags may exercise any remedies available under applicable law to recover unpaid products.

18.6 No Set-Off

All payments due to GoToTags shall be made in full and free of any set-off, counterclaim, deduction, withholding or recoupment, except as required by law. Any claim you may have against GoToTags shall be pursued as a separate matter and does not entitle you to withhold, reduce or delay any payment due.

18.7 Chargebacks

Chargebacks on credit pack purchases are addressed in Section 6.12. This section governs chargebacks on all other GoToTags orders, including hardware, custom products, encoding services and other product or service purchases.

Before disputing any charge from GoToTags, you agree to first contact GoToTags at help@gototags.com to attempt to resolve the matter informally. Filing a chargeback bypasses these Terms’ cancellation, return and warranty processes.

If you file a chargeback on an order, the following apply:

• Your account, together with any groups or projects under it, will be immediately suspended, in addition to any other remedies available to GoToTags;
• Title to and ownership of any products delivered under the affected order revert to GoToTags upon the chargeback being filed; you shall return the products to GoToTags at your expense within thirty (30) days of the chargeback, and you hold the products as bailee for GoToTags in the interim;
• You are responsible for any chargeback fees, processing fees and administrative costs GoToTags incurs from the payment processor as a result of the chargeback;
• GoToTags may refuse to accept any future order from you, your account, your organization or any related party;
• GoToTags may pursue any legal remedy available to recover the disputed amount, unreturned products, fees, costs and, where permitted by law, reasonable attorneys’ fees and collection costs.

Chargeback disputes are handled through the applicable payment processor’s dispute process. GoToTags will respond to the processor with the evidence available under these Terms and its Order Confirmation records.

Nothing in this Section limits any non-waivable chargeback right you have under applicable consumer protection law, including the U.S. Fair Credit Billing Act and Canadian equivalents.

19. Product Availability

GoToTags does not guarantee the availability of any product advertised on the Site. GoToTags reserves the right, without liability or prior notice, to discontinue any product, or to modify, alter, update or change any product or its specifications.

20. Product Specifications and Quality

20.1 Conformance

Products manufactured and delivered by GoToTags shall conform to the specifications and descriptions made available on the Site, subject to the tolerances and exceptions set forth in these Terms.

20.2 Defective Rate

All NFC and UHF RFID tags have an industry-standard defective rate in which approximately two percent (2%) of all tags may be non-functional, meaning they cannot be encoded to or read by a device. GoToTags is not responsible for replacing defective tags that fall within this two percent threshold. Whether defective tags discovered during production or after delivery are replaced is at GoToTags’ sole discretion, taking into account the product type, order quantity and whether encoding services were purchased.

20.3 Quantity Tolerance

The number of products delivered may deviate from the ordered quantity by up to five percent (5%) when the ordered quantity is 100 or fewer, or by up to two percent (2%) when the ordered quantity exceeds 100. Such deviations are not considered non-conforming.

20.4 Non-Conformance Exceptions

Products shall not be considered defective, and GoToTags’ performance shall not be considered deficient, if:

• The deficiency is due to the quality of Materials provided by you;
• The only deficiency is that the physical product does not correspond to the color or appearance displayed on the screen of your computing device;
• The product contains a slight or immaterial deviation from a sample or model for which GoToTags cannot reasonably be considered responsible due to technical reasons; or
• The defective rate of the product consignment falls within the two percent threshold described above.

20.5 RF Performance

GoToTags designs its NFC and UHF RFID tags to achieve optimal radio frequency (RF) performance, including antenna design and resonant frequency tuning. Actual tag performance is affected by numerous factors outside of GoToTags’ control, including:

• The physical materials of the tag itself (for example, thick plastic, metal or ceramic housings);
• The surface or material the tag is applied to or embedded in (for example, metal, liquid, glass or curved surfaces);
• The use of ferrite or shielding layers (such as those used in on-metal tag designs), which enable functionality on certain surfaces but may reduce overall read range or performance;
• The device reading the tag, including its NFC or UHF RFID chipset, antenna design, firmware and operating system;
• The physical orientation and angle of the reading device relative to the tag;
• Environmental interference, including other RF signals, metallic objects and electromagnetic noise; and
• Accessories on the reading device, such as phone cases, which may attenuate or block NFC signals.

GoToTags does not state, guarantee or warrant any specific antenna design, resonant frequency, read range, read rate or other RF performance characteristic of any tag. There is no universal standard for measuring NFC or UHF RFID tag performance, as performance is inherently dependent on the specific combination of tag, surface, reading device and environment. You are solely responsible for testing and validating tag performance in your intended deployment environment before committing to production quantities. GoToTags is not liable for any tag performance issues attributable to environmental factors, surface materials, reading devices or any other conditions outside of the tag itself.

20.6 Chip Authenticity

GoToTags sources NFC and UHF RFID tags from third-party manufacturing facilities. GoToTags works with chip manufacturers and tag suppliers to promote the use of genuine chips in the tags it purchases, but does not manufacture chips and is not directly involved in the chip procurement process between tag suppliers and chip manufacturers. Counterfeit chips exist in the market and may be difficult or impossible to detect.

GoToTags Software includes chip authentication features that attempt to identify counterfeit chips during encoding. Because GoToTags uses its own Software to encode tags for customers, this authentication is performed as part of GoToTags’ standard encoding process. Chip authentication capabilities are limited by the verification functions made available by chip manufacturers and may not detect all counterfeit chips. Counterfeiters may develop methods that bypass available authentication checks.

GoToTags makes commercially reasonable efforts to source tags with genuine chips but does not warrant or guarantee the authenticity of the chips in any tag. GoToTags is not liable for any loss, damage or claim arising from counterfeit chips, including chips that were not detected as counterfeit by GoToTags Software or during the encoding process.

20.7 Customer Testing Responsibility

You are solely responsible for final testing and validation of all products, whether physical or digital, for your intended use before deployment, distribution or integration into any other product or system. GoToTags is not liable for any failure, loss or damage resulting from your failure to perform adequate testing and validation.

20.8 Substance and Sourcing Compliance Information

GoToTags sources tags and hardware from third-party manufacturers and their upstream suppliers, and does not perform independent laboratory testing for restricted substances, hazardous materials or the origin of raw materials. Substance and sourcing information relies on what those upstream suppliers publish or report.

Known information for a product, where GoToTags has it, is published on that product’s page on the Site. Applicable regimes covered include:

• California Proposition 65 warnings;
• The European Union Registration, Evaluation, Authorisation and Restriction of Chemicals regulation (REACH) and Restriction of Hazardous Substances directive (RoHS);
• The Montreal Protocol on Substances that Deplete the Ozone Layer; and
• Conflict minerals disclosure frameworks for tantalum, tin, tungsten, gold and cobalt (3TG and cobalt), including U.S. Dodd-Frank Act Section 1502 reporting, the Organisation for Economic Co-operation and Development (OECD) Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas and their Canadian counterparts.

On request, GoToTags will use commercially reasonable efforts to obtain further documentation from its upstream suppliers, including any applicable Conflict Minerals Reporting Template (CMRT) reports published by chip manufacturers.

Substance and sourcing information published by GoToTags is provided without warranty of accuracy, completeness or currency, and may be wrong in either direction: a product represented as compliant may not be, and a product with no available representation may in fact be compliant. You are solely responsible for verifying the compliance of any GoToTags product for your intended use, jurisdiction, downstream distribution and your own reporting or disclosure obligations. GoToTags is not liable for any loss, cost, claim or reporting deficiency arising from reliance on substance or sourcing information GoToTags publishes or provides.

20.9 Labor and Supply Chain Practices

GoToTags does not tolerate forced labor, child labor or human trafficking in its own operations or in the operations of its direct suppliers. GoToTags expects its direct suppliers to comply with applicable labor and employment laws in the jurisdictions where they operate, and to impose comparable expectations on their own upstream suppliers. GoToTags does not perform independent audits of its direct suppliers or their subcontractors and relies on the representations and public disclosures of its direct suppliers. This section is provided without warranty of the accuracy or completeness of any upstream representation, on the same basis as Section 20.8.

21. Shipping and Delivery

21.1 Trade Terms

All product deliveries are made in accordance with Incoterms 2020. The applicable trade term depends on the shipment origin:

• Shipments from GoToTags (Spokane, Washington): Free Carrier (FCA) GoToTags’ facility in Spokane, Washington. Risk of loss or damage passes to you when GoToTags delivers the products to the carrier at its facility. Handling, shipping and freight charges are included in the order total and collected at the time of payment.
• Dropship orders (shipped directly from a GoToTags vendor): Free Carrier (FCA) the vendor’s facility. For certain orders, products may be shipped directly from a GoToTags vendor to you without passing through GoToTags’ facility. In these cases, risk of loss or damage passes to you when the vendor delivers the products to the carrier. GoToTags does not take physical possession of the products in a dropship transaction. Handling, shipping and freight charges are included in the order total and collected at the time of payment.
• Customer-arranged pickup (corporate accounts only): Ex Works (EXW) GoToTags’ facility in Spokane, Washington. By prior arrangement and at GoToTags’ sole discretion, corporate account customers may arrange their own carrier to pick up products from GoToTags’ facility. Risk of loss or damage passes to you when GoToTags makes the products available for pickup at its facility. You are responsible for all carrier arrangements, shipping costs and risk from that point forward.

Regardless of the applicable trade term, GoToTags may at its discretion assist with carrier claims or arrange replacement shipments. Such assistance does not alter the transfer of risk described above.

Unless otherwise agreed in writing, the default trade term is FCA GoToTags’ facility in Spokane, Washington.

Title to and ownership of products passes to you at the time of shipment (or, for EXW orders, when products are made available for pickup), regardless of when payment is received, except as provided in Section 18.5 for orders shipped on credit terms.

21.2 Shipping Cost Estimates

The Site provides a shipping cost estimator at checkout based on the products selected, delivery address and selected shipping speed (economy, standard, fast or overnight). Shipping cost estimates are approximations only and are not guaranteed. Actual shipping costs may be higher or lower than the estimate. If actual shipping costs differ materially from the estimate, GoToTags may issue a revised quote reflecting the corrected shipping cost, which you may accept or decline. GoToTags is not obligated to ship products at an estimated shipping cost that does not reflect the actual cost.

21.3 Carrier and Service Selection

Shipping speed selections (economy, standard, fast, overnight) are general categories and are not mapped to specific carrier services. GoToTags selects the carrier and service level it deems appropriate to meet the selected shipping speed at its sole discretion. GoToTags does not guarantee that any specific carrier or service will be used.

21.4 Customer Shipping Accounts

If you have a corporate account, you may request that GoToTags ship orders using your own carrier account (UPS, FedEx or DHL). To use this option, you must provide your carrier account number to GoToTags. A handling fee applies when shipping on your carrier account. The current handling fee is published on the Site or will be disclosed at the time of order. GoToTags is not responsible for carrier account billing disputes, rate negotiations, or service issues between you and your carrier.

21.5 LTL Freight

GoToTags may arrange less-than-truckload (LTL) freight shipments upon request. LTL freight pricing is quoted at the time of shipment and is not available through the Site’s shipping cost estimator. A preparation fee covering setup, packaging and palletization will be assessed on all LTL shipments. LTL shipments are subject to the carrier’s terms and conditions.

21.6 Shipping and Insurance

GoToTags may, at its option and on your behalf, obtain transport insurance on reasonable terms at your risk and expense. Unless otherwise agreed, partial deliveries are permitted.

21.7 Estimated Delivery Dates

All delivery dates and production timelines provided by GoToTags, whether in an Order Confirmation, sales quote or other communication, are estimates only and are non-binding. GoToTags assumes no liability for delivery of products by any estimated date. Numerous factors outside of GoToTags’ control can affect delivery timing, including carrier delays, weather, customs processing, address issues and other unforeseen circumstances. GoToTags is not responsible for delays resulting from customs processing on international shipments. If your order must be rescheduled, GoToTags will notify you of the revised delivery date.

Custom Products may experience additional delays due to factors including the unavailability of raw materials or the time required for customization.

GoToTags strongly advises against relying on estimated delivery dates for time-sensitive events, deadlines or commitments. Shipping to temporary or event-based locations such as hotels, convention centers, trade show venues or other non-permanent addresses significantly increases the risk of delivery failure and is done entirely at your own risk. GoToTags is not liable for any loss, cost or consequence resulting from products that do not arrive by an expected date or that cannot be delivered to a temporary location. You are solely responsible for building adequate lead time into your order schedule to account for potential delays.

21.8 Refused or Undeliverable Shipments

If products cannot be delivered due to your failure to accept delivery, incorrect shipping information or any other omission on your part, the products will be returned to GoToTags or destroyed, at GoToTags’ discretion. All costs associated with refused or undeliverable shipments, including return shipping, are your responsibility.

21.9 Lost, Missing or Unlocatable Shipments

GoToTags is not liable for shipments lost in transit once the risk of loss has passed to you in accordance with the applicable trade term.

GoToTags is also not responsible for shipments that the carrier reports as delivered, including deliveries confirmed by photo or signature, but that you are unable to locate. Packages may be reported as delivered yet remain unfound for reasons outside of GoToTags’ control, including delivery to an incorrect address by the carrier, theft, misplacement at the delivery location, delivery to a neighbor or building reception, or carrier scanning errors. Once the carrier confirms delivery, GoToTags’ obligation with respect to that shipment is fulfilled.

GoToTags may, at its sole discretion, make reasonable efforts to assist you in investigating delivery issues or filing a claim with the carrier, but GoToTags is under no obligation to do so and is not responsible for the outcome of any such investigation or claim. GoToTags is not obligated to reship or refund orders that the carrier has confirmed as delivered.

22. Special Delivery Format Requests

GoToTags selects packaging and handling methods at its discretion with the goal of delivering products undamaged. If you have specific packaging or handling requirements (such as removal of interleaf material, specific orientation or particular packaging methods), you must communicate them in writing prior to placing your order. Additional fees may apply for special packaging or handling requests. GoToTags is not liable for issues arising from packaging or handling preferences that were not communicated in advance.

It is your responsibility to note the standard delivery format of the products you purchase. If a specific delivery format is required (for example, products supplied on rolls, individually cut or delivered in a particular sequence), you must inform GoToTags in writing prior to placing your order or approving the print proof.

Unless you have specifically requested and GoToTags has acknowledged in writing a particular sequence, GoToTags does not guarantee that products will be delivered in any particular sequence or numerical order, regardless of the sequence of any printed or encoded data you provide.

Even where GoToTags acknowledges a special delivery format request, GoToTags will take commercially reasonable steps to meet the request but shall not be liable if any quantity of products is delivered out of the requested sequence. Special delivery format requests may increase lead time and cost.

23. Order Cancellation

23.1 Cancellation of Standard Products

You may cancel an order for standard (non-custom) products at any time prior to delivery. If GoToTags receives notice of cancellation prior to shipment, no charges or fees will be assessed. If notice of cancellation is received during or after shipment but prior to delivery, GoToTags may charge a restocking fee of up to fifteen percent (15%) of the net purchase price and may collect shipping fees already incurred. Return shipping for cancellations is at your expense.

23.2 Cancellation of Custom Products

You may cancel an order for Custom Products only prior to your receipt of an Order Confirmation. You may not cancel your order after receipt of an Order Confirmation without GoToTags’ written approval. Approved cancellations may be subject to cancellation charges and fees at GoToTags’ discretion.

23.3 Cancellation by GoToTags

GoToTags reserves the right to cancel any order at any time before shipment by sending a cancellation notice. In such cases, any amount paid by you for the cancelled products will be refunded without undue delay.

24. Inspections and Returns

24.1 Inspection

Upon receipt of products, you should inspect the packaging for visible damage before signing for or accepting the delivery. If packaging appears damaged, note the damage with the carrier at the time of delivery. This documentation may be required to support a shipping claim.

You must promptly and diligently examine products for quality and quantity. You must notify GoToTags in writing at help@gototags.com within seven (7) days of receipt, providing a reasonably detailed description of any claimed defect or non-conformity together with proof of purchase. If no such notice is received within the seven-day period, the products are deemed accepted in the agreed quantity and without apparent damage.

Before authorizing a return or processing a warranty claim, GoToTags may require you to provide supporting documentation such as photographs, videos, scan results or other diagnostic information. GoToTags may also require you to perform reasonable troubleshooting steps (such as installing drivers, updating software or testing with alternative devices) before a return or replacement is authorized.

24.2 Defective Product Returns

For valid defect claims, GoToTags will bear the cost of shipping for returned and replacement products. If the nature of the defect cannot be determined remotely, you will bear the cost of return shipment. If the product is received by GoToTags and confirmed to be defective, GoToTags will reimburse you for the cost of return shipment upon presentation of a receipt.

24.3 Non-Defective Product Returns

Non-defective products may be returned only with GoToTags’ prior written authorization. Returns sent without authorization may be refused. If GoToTags receives an unauthorized return, receipt of the product does not constitute acceptance of the return. GoToTags will contact you to determine next steps, which may include returning the product to you at your expense. Written authorization will be considered if:

• The return request is made within thirty (30) days of the date you received the products;
• The products are new, unused and unmodified in any way, including never having been encoded, even if the encoded data has been erased; and
• The products are returned in their original packaging with all included accessories and documentation.

If authorized, you bear all return shipping costs. GoToTags may charge a restocking fee of up to fifteen percent (15%) of the net purchase price.

Refunds reflect the actual amount paid, net of any discount or promotion applied to the original purchase. Original shipping charges are not refunded.

Returned products are subject to inspection on receipt. GoToTags may take up to five (5) business days from receipt to inspect returned products and determine whether they qualify for a refund.

24.4 Custom Product Returns

Custom Products that conform to the approved proof and applicable specifications may not be returned for any reason.

24.5 Free Samples

GoToTags may, at its sole discretion, provide free product samples to prospective or existing customers. Shipping costs for free samples may be charged to the recipient at GoToTags’ discretion. Free samples are provided as-is without warranty.

24.6 Non-Returnable Items

The following are not returnable under any circumstances:

• Software licenses and other digital purchases;
• Services already performed, including encoding, custom printing, consigned encoding and other value-added services;
• Encoded products, whether or not the encoded data has been erased;
• Custom Products (see Section 24.4);
• Free samples (see Section 24.5); and
• Products designated as “final sale”, “clearance”, “closeout” or otherwise as non-returnable at the time of purchase.

Credit pack refunds are governed by Section 6.10.

GoToTags may designate individual products or promotions as non-returnable at the time of listing or checkout. Such designations bind you on completion of the order.

25. Warranty

25.1 Limited Warranty

GoToTags warrants that products it manufactures will, at the time of delivery and for a period of one (1) year thereafter (“Warranty Period”), conform to the applicable specifications and descriptions on the Site and be free from defects in material and workmanship (“Warranty”). References to product life or longevity on the Site represent industry standards and do not imply a warranty beyond the Warranty Period.

25.2 Warranty Exclusions

This Warranty does not apply to:

• Defects arising from Materials submitted by you or designs specified by you;
• Defects caused by improper transportation, storage, handling, installation, application, assembly, usage, maintenance or integration into another product or material;
• Products subjected to misuse, abnormal physical or electrical stress, abuse, negligence, modification or alteration;
• Products for which GoToTags is a reseller and not the manufacturer (such products carry only the original manufacturer’s warranty, if any); or
• The industry-standard defective rate of NFC and UHF RFID tags as described in Section 20.2.

Although GoToTags may provide technical advice, application guidance or reliability data, such services do not expand or alter this Warranty.

25.3 Warranty Claims

Any warranty claim must be made as soon as the defect is discovered and in no event later than the expiration of the Warranty Period. If products fail to meet the Warranty, GoToTags will, at its option, deliver replacement products within a reasonable time or provide a reduction in price as agreed between you and GoToTags. To make a warranty claim, contact help@gototags.com.

25.4 Disclaimer

EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, NO OTHER WARRANTY, WHETHER EXPRESS, IMPLIED, ARISING BY OPERATION OF LAW, TRADE USAGE OR OTHERWISE, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, SHALL EXIST OR BE GIVEN BY GOTOTAGS. ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED BY GOTOTAGS AND WAIVED BY YOU. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THOSE EXPRESSLY SET FORTH IN THESE TERMS.

WHERE APPLICABLE LAW DOES NOT PERMIT THE DISCLAIMER OF IMPLIED WARRANTIES, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE WARRANTY PERIOD, TO THE EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THIS LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY BY JURISDICTION.

26. Post-Sale Compliance, Inspections and Recalls

26.1 Documentation

Documentation provided by GoToTags at the time of sale (including invoices, packing lists, Order Confirmations and any product documentation shipped with the products) is the extent of documentation GoToTags is obligated to provide. GoToTags is not obligated to provide additional compliance documentation, certifications, quality reports, supplier audit responses or similar records after the sale.

26.2 Inspections and Audits

GoToTags is not obligated to submit to customer or third-party site inspections, factory audits, quality audits or supplier assessments. Any such arrangement must be agreed in writing between you and GoToTags prior to the purchase to which it applies. Retroactive requests for inspections or audits do not bind GoToTags.

26.3 Courtesy Responses

GoToTags may, at its sole discretion, respond to post-sale documentation or inspection requests as a courtesy where doing so is convenient and does not disrupt GoToTags’ operations. Such courtesy responses do not create an obligation, waive these Terms or entitle you to future courtesy responses.

26.4 Product Recalls

If GoToTags initiates a product recall or safety notice for products you have purchased, you will cooperate with reasonable requests to identify, quarantine or return affected products, including passing recall notices to your downstream customers. GoToTags bears the costs of a recall arising from defects in products manufactured by GoToTags. Where the recall arises from Materials you provided, designs you specified, integration into your product, mishandling in your custody or misuse by your customers, you bear the costs and indemnify GoToTags against related third-party claims.

26.5 Insurance

GoToTags maintains commercial business insurance appropriate to its operations. Specific coverage types, carriers and limits are not disclosed in these Terms. Customers with a legitimate need to review GoToTags’ insurance may contact legal@gototags.com.

27. Confidentiality

For customers who have executed a separate non-disclosure agreement (NDA) with GoToTags, the terms of that NDA govern information covered by it; this Section 27 applies to confidential information exchanged outside the scope of any such NDA.

GoToTags acknowledges that in the course of providing products and services to you, including order fulfillment, the operation of the Software and Cloud platform and communications with GoToTags support, GoToTags may receive confidential information from you, including encoding data, encryption keys, artwork, product specifications, files and data submitted to the Cloud platform, order quantities and order frequency (“Confidential Information”). GoToTags agrees to:

• Treat Confidential Information with reasonable care and not less than the same degree of care it uses to protect its own confidential information;
• Use Confidential Information solely for the purpose of providing GoToTags products and services to you; and
• Not disclose Confidential Information to third parties except to GoToTags employees, contractors and subcontractors who need access to perform the applicable services and who are bound by obligations of confidentiality.

This confidentiality obligation does not apply to information that: (a) is or becomes publicly available through no fault of GoToTags; (b) was already known to GoToTags prior to disclosure by you; (c) is independently developed by GoToTags without reference to your Confidential Information; or (d) is required to be disclosed by law, regulation or court order, provided GoToTags gives you reasonable prior notice where permitted.

You acknowledge that in the course of your relationship with GoToTags, you may receive confidential information from GoToTags, including non-public pricing, custom credit rates, unreleased product or feature information, product roadmaps and other business or technical information marked or otherwise identified as confidential (“GoToTags Confidential Information”). You agree to:

• Treat GoToTags Confidential Information with reasonable care and not less than the same degree of care you use to protect your own confidential information;
• Use GoToTags Confidential Information solely for the purpose of evaluating, purchasing or using GoToTags products and services; and
• Not disclose GoToTags Confidential Information to third parties except to your employees, contractors and agents who need access to evaluate, purchase or use GoToTags products and services and who are bound by obligations of confidentiality.

This confidentiality obligation does not apply to information that: (a) is or becomes publicly available through no fault of yours; (b) was already known to you prior to disclosure by GoToTags; (c) is independently developed by you without reference to GoToTags Confidential Information; or (d) is required to be disclosed by law, regulation or court order, provided you give GoToTags reasonable prior notice where permitted.

Both confidentiality obligations survive termination of any order or business relationship for a period of three (3) years.

28. Marketing and Publicity

28.1 Product Images

GoToTags may request your permission to display images of finished products, including Custom Products, on the Site, in advertising or in other marketing and promotional materials. You are under no obligation to agree. GoToTags will not intentionally use images of your finished products for marketing or promotional purposes without your prior written consent. If consent is granted, you may withdraw it at any time by notifying GoToTags in writing, after which GoToTags will remove the images within a reasonable time.

28.2 Named References

GoToTags will not use your name, brand, logo or other identifying information in public marketing or promotional content without your prior written consent, except in the case of Joint Marketing as described in Section 28.3.

28.3 Joint Marketing

“Joint Marketing” means marketing or editorial content, including press releases, case studies, blog posts, articles, whitepapers, videos and social media content, produced in coordination with your marketing team acting in an official capacity. Your marketing team’s participation in the production of Joint Marketing content constitutes your consent to be named in it. You may withdraw consent to a specific piece of Joint Marketing content at any time by notifying GoToTags in writing; GoToTags will remove or modify the content within a reasonable time.

28.4 Anonymized Case Studies and Use Case Discussions

GoToTags reserves the right to describe specific use cases, deployments and outcomes of its Products and services in marketing, editorial and educational content, provided that the description does not identify you by name, brand or logo, and does not include details that would reasonably allow a reader to identify you. This right extends to all public channels operated by GoToTags, including the Site, articles, videos, social media, presentations and paid advertising.

28.5 Incidental Appearance

GoToTags is not liable for the incidental or unintentional appearance of your products, brand, logo or other identifying information in GoToTags’s marketing, editorial, social media, video or advertising content. This includes appearance in the background of images, video footage or event coverage; appearance in third-party generated content that GoToTags republishes; and appearance in materials primarily about a subject other than you.

28.6 Complaints and Modifications

If you object to any GoToTags marketing, editorial or advertising content that identifies you or that you believe identifies you through detail, you shall notify GoToTags in writing at help@gototags.com describing the specific content and your objection. GoToTags will review the objection in good faith and may, at its discretion, modify or remove the content within a reasonable time. This procedure is the exclusive remedy for objections to marketing content covered by this Section, and completing this procedure is a condition precedent to any legal action related to such content, except where prohibited by non-waivable consumer protection rights.

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PART C: GENERAL PROVISIONS

29. Electronic Communications and Marketing

29.1 Consent to Electronic Communications

By creating an account or using the Site or Software, you consent to receive communications from GoToTags electronically, including by email. You agree that all agreements, notices, disclosures, invoices, Order Confirmations and other communications provided electronically satisfy any legal requirement that such communications be in writing. GoToTags does not send ordinary business communications by physical mail. Legal notices required or permitted under these Terms may be sent by physical mail where necessary.

29.2 Marketing Communications

GoToTags sends marketing and promotional emails only to accounts that have opted in to receive them. You may opt in at account creation, through your account preferences at any time, or by responding to a direct request from GoToTags. You may withdraw consent at any time by using the unsubscribe link in any marketing email or by updating your account preferences. Withdrawal of consent takes effect promptly. GoToTags does not sell or share its mailing lists with third parties. Even if you have not opted in to marketing communications, or have withdrawn consent, GoToTags may still send transactional communications related to your account, orders or Software usage.

29.3 SMS and Text Messages

GoToTags may send transactional or service-related SMS messages to phone numbers you provide, including messages for account verification, security or order updates. GoToTags does not send marketing or promotional messages by SMS. By providing a phone number to GoToTags, you consent to receive service-related messages at that number.

Standard message and data rates may apply. Message frequency depends on the services you use. You may opt out of SMS messages at any time by replying STOP to any message. Reply HELP for support contact information. Opting out of service-related SMS may affect features that depend on SMS delivery, such as account verification.

29.4 Notices

GoToTags may give notice to you by any of the following methods:

• Email to the address associated with your account;
• A notice posted on the Site;
• An in-account notification; or
• Any other reliable method to a contact address you have provided.

Notice is deemed given when sent (for email or in-account notification), when posted (for Site notice) or when dispatched by any other reliable method. Notice sent to the email or physical address on file is effective whether or not you actually receive it.

You are responsible for maintaining current and accurate contact information on your account, including email address, phone number and billing address. GoToTags is not liable for notice that fails to reach you as a result of outdated contact information.

Notice from you to GoToTags on operational matters shall be sent to help@gototags.com. Notice from you to GoToTags on legal matters, including revocation of consent, termination of an authorization or a compliance obligation, shall be sent to legal@gototags.com. Notice of a Dispute is governed by Section 43.2.

30. User Submissions

GoToTags does not accept unsolicited creative ideas, suggestions, proposals or similar materials. If you submit comments, feedback, ratings, reviews or other materials (collectively, “Submissions”), whether solicited or unsolicited, you agree that:

• GoToTags may use, edit, copy, publish, distribute and translate your Submissions in any medium without restriction, compensation or obligation;
• Your Submissions do not violate any third party’s rights;
• Your Submissions do not contain unlawful, abusive, obscene or defamatory material, or any harmful code;
• You will not impersonate any person or misrepresent the origin of your Submissions; and
• You are solely responsible for your Submissions and their accuracy.

GoToTags reserves the right to remove any Submissions at its sole discretion without notice. You agree to indemnify and hold GoToTags harmless from any claims arising out of your Submissions.

31. Links to Third-Party Sites

The Site may contain links to third-party websites. GoToTags has no control over and assumes no responsibility for the content, privacy policies or practices of any third-party site. Linking does not constitute endorsement by GoToTags.

32. Acceptable Use

You agree not to use the Site, Software or any GoToTags products or services:

• In violation of any applicable law or regulation;
• To infringe the intellectual property or other rights of any third party;
• To transmit viruses, malware or other harmful code;
• To interfere with or disrupt GoToTags systems;
• To attempt to gain unauthorized access to any GoToTags systems, accounts or data;
• To engage in fraudulent, deceptive or misleading activity; or
• In any manner that could damage GoToTags’ reputation or business interests.

33. Vulnerability Disclosure

GoToTags welcomes reports of suspected security vulnerabilities in the Site, Software or other GoToTags products from security researchers and other individuals. GoToTags does not operate a formal bug-bounty program and does not offer monetary rewards for reports.

Reports should be sent to security@gototags.com. GoToTags asks that reporters act reasonably, coordinate disclosure responsibly and give GoToTags a reasonable opportunity to investigate and remediate before disclosing the vulnerability publicly.

Notwithstanding Section 32, good-faith activity aimed at identifying and privately reporting a security vulnerability under this section is not treated as prohibited use, provided the reporter:

• Does not exfiltrate, alter or destroy data beyond what is necessary to demonstrate the vulnerability;
• Does not disrupt service for other users; and
• Does not otherwise violate applicable law.

34. Fraud and Misuse

Misuse of the GoToTags system or violation of these Terms may result in the banning of the associated account, group, project, device or IP address. Any credits attached to a banned group or project are forfeited without refund.

Prohibited behavior includes: creating multiple accounts to abuse the no-cost trial credit pack, attempting to circumvent system controls, exploiting pricing mechanisms, accessing features in a manner inconsistent with intended use or attempting to manipulate, bypass or artificially reduce credit consumption by any means, including altering system time, intercepting or modifying communications between the Software and GoToTags servers or tampering with credit metering.

GoToTags reserves the right to investigate suspected misuse and may request additional information to verify account legitimacy. GoToTags reserves the right to deny access to the Software or refuse orders at its sole discretion.

You may contact help@gototags.com to request a review if you believe a restriction was applied in error.

35. Compliance and Buyer Representations

35.1 Compliance with Laws

You will purchase and use the products and services in compliance with all applicable laws and regulations.

35.2 Authority to Contract

You represent and warrant that you have the legal capacity and authority to enter into these Terms. If you accept these Terms on behalf of a company, organization or other entity, you further represent that you have authority to bind that entity.

35.3 Accurate Information

You represent and warrant that all information you provide to GoToTags, including during account creation, ordering and payment, is accurate, complete and current. You will promptly update GoToTags if any information you have provided changes.

35.4 Export and Sanctions

You agree to comply with all applicable laws and regulations concerning the export, re-export, transfer and resale of products. You agree not to export any products in violation of applicable laws or without required licenses and approvals. You represent and warrant that you are not located in, a national or resident of or under the control of any country to which export of the products is prohibited, and that you are not listed on the U.S. Office of Foreign Assets Control’s list of Specially Designated Nationals or any similar restricted party list.

35.5 Lawful Resale

If you acquire products for resale, you will resell only in compliance with applicable laws and only to buyers who are not sanctioned parties or in embargoed markets. You will not divert products for use in any manner prohibited under Section 35.4. Downstream resale does not relieve you of your obligations under these Terms.

35.6 Anti-Bribery

You will not, in connection with any transaction with GoToTags, offer, promise, give or authorize any payment or benefit intended to improperly influence a government official, political party, private person or entity. You will comply with the U.S. Foreign Corrupt Practices Act, the Canadian Corruption of Foreign Public Officials Act and any other anti-bribery or anti-corruption laws applicable to the transaction.

35.7 U.S. Government End Users

If you are a U.S. federal government agency, contractor or subcontractor acquiring GoToTags Products or Software under a federal contract, the Software and any accompanying documentation are “commercial computer software” and “commercial computer software documentation” as defined in FAR 2.101. Consistent with FAR 12.212 (civilian agencies) and DFARS 227.7202-1 through 227.7202-4 (Department of Defense), use, duplication, reproduction, release, modification, disclosure or transfer of the Software and documentation by the U.S. Government are governed solely by these Terms and are prohibited except to the extent expressly permitted by these Terms.

35.8 Trade Compliance and Country-of-Origin Representations

Certain federal contracts require products to comply with the Trade Agreements Act (TAA), Buy American Act, Berry Amendment or other country-of-origin, domestic-content or trade-preference requirements. GoToTags does not warrant that any product complies with any such requirement except to the extent GoToTags has expressly agreed to a specific compliance representation in the applicable Order Confirmation or a separate written agreement.

Where GoToTags does agree to provide a product meeting a specific trade-compliance requirement, that representation applies only to the specific product and specific requirement stated. GoToTags may rely on country-of-origin certifications from component suppliers and does not independently verify component-level origin unless expressly agreed in writing. Compliance depends on substantial transformation and other criteria that may be interpreted differently by different agencies or contracting officers; GoToTags’s compliance representation reflects its own good-faith determination and does not bind any government agency’s independent determination.

36. Intellectual Property

36.1 GoToTags Intellectual Property

All intellectual property rights in the Site, Software, Content and GoToTags products, including patents, copyrights, trademarks, trade secrets and other proprietary rights, are and remain the exclusive property of GoToTags or its licensors. Nothing in these Terms grants you any right, title or interest in GoToTags’ intellectual property except for the limited license expressly granted in Section 5.2.

“GoToTags” and the GoToTags logo are trademarks of Wireless Sensor Technologies, Inc. You may not use any GoToTags trademarks without prior written consent.

36.2 IP Indemnification by GoToTags

Subject to Section 39 (Limitation of Liability) and the other limitations in these Terms, GoToTags shall indemnify and hold you harmless from losses, liabilities and damages arising from third-party claims that a GoToTags Product (as defined in Section 5.1, including Software and GoToTags Hardware) infringes a patent or other intellectual property right, provided that:

• You immediately notify GoToTags of any such claim;
• You immediately cease use of the allegedly infringing GoToTags Product;
• GoToTags has the right to assume exclusive control over the defense and settlement of the claim; and
• You fully cooperate with GoToTags in the defense.

In addition to or in lieu of providing indemnification, GoToTags may, at its sole option and expense: (a) modify or replace the allegedly infringing GoToTags Product to make it non-infringing while preserving substantially equivalent functionality; (b) procure the right for you to continue using the GoToTags Product; or (c) refund the amounts you paid for the affected GoToTags Product, less a reasonable allowance for use, and terminate your right to use the GoToTags Product. These options are GoToTags’ sole obligation and your sole and exclusive remedy for any claim of intellectual property infringement.

This indemnification does not apply to claims arising from: (a) modification of the GoToTags Product by you or a third party; (b) your Materials, Submitted Data or customization incorporated into or processed by the GoToTags Product; (c) claims involving GoToTags Hardware made more than three (3) years after the date of delivery; or (d) claims involving Software made more than three (3) years after termination of your right to use the Software.

36.3 DMCA Copyright Notices

GoToTags respects the intellectual property rights of others. If you believe that content served through the GoToTags tag interaction platform (including content delivered when an NFC or UHF RFID tag is scanned) infringes your copyright, you may submit a notice under the Digital Millennium Copyright Act (DMCA) to:

Email: help@gototags.com
Subject: DMCA Notice

A valid DMCA notice must include:

• Identification of the copyrighted work you claim has been infringed;
• Identification of the content you claim is infringing, including sufficient information for GoToTags to locate it (such as the tag URL or identifier);
• Your contact information (name, address, email and phone number);
• A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent or the law;
• A statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner; and
• Your physical or electronic signature.

Upon receipt of a valid DMCA notice, GoToTags may remove or disable access to the allegedly infringing content at its sole discretion. GoToTags may suspend or terminate the accounts of customers who are repeat infringers.

37. Indemnification by You

You agree to defend, indemnify and hold harmless GoToTags, its officers, directors, employees, agents and affiliates from and against any and all claims, damages, losses, liabilities, costs and expenses (including reasonable attorneys’ fees) arising out of or related to:

• Your use of the Site, Software or any GoToTags products or services;
• Your violation of these Terms or any applicable law;
• Your Submissions or Materials;
• Any third-party claims resulting from your use of GoToTags products or Software in your own products, services or applications;
• Any claim that your use of GoToTags products caused harm to a third party; or
• Your failure to comply with export laws and regulations.

The obligations in this Section apply to the maximum extent permitted by applicable law.

38. Disclaimer of Warranties

THE SITE, SOFTWARE, CLOUD PLATFORM AND ALL GOTOTAGS PRODUCTS AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN SECTION 25.

GOTOTAGS DOES NOT WARRANT THAT:

• THE SITE, SOFTWARE, OR CLOUD PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS;
• THE SOFTWARE WILL PRODUCE ACCURATE RESULTS, INCLUDING ACCURATE ENCODING, READING, PRINTING OR OTHER TAG OPERATIONS;
• THE SITE, SOFTWARE, OR CLOUD PLATFORM WILL MEET YOUR REQUIREMENTS;
• ANY DEFECTS OR ERRORS IN THE SOFTWARE WILL BE CORRECTED; OR
• DATA STORED IN THE GOTOTAGS CLOUD WILL BE PRESERVED, ACCURATE, OR ACCESSIBLE AT ALL TIMES.

GOTOTAGS MAKES NO WARRANTY REGARDING THE SUITABILITY OF ANY PRODUCT OR SOFTWARE FOR ANY SPECIFIC APPLICATION, USE CASE OR ENVIRONMENT. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER GOTOTAGS PRODUCTS AND SOFTWARE ARE APPROPRIATE FOR YOUR INTENDED USE AND FOR ALL FINAL TESTING AND VALIDATION BEFORE DEPLOYMENT.

GOTOTAGS DOES NOT PROVIDE ANY SERVICE LEVEL AGREEMENT, UPTIME GUARANTEE OR PERFORMANCE COMMITMENT FOR THE SITE, SOFTWARE, OR CLOUD PLATFORM.

39. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

1. IN NO EVENT SHALL GOTOTAGS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, BUSINESS, CONTRACTS, ANTICIPATED SAVINGS, GOODWILL OR REPUTATION, DAMAGE CAUSED BY PRODUCTS, OR CLAIMS OF YOUR CUSTOMERS, WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE, EVEN IF GOTOTAGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES;
2. GOTOTAGS’ TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE GREATER OF (I) THE AMOUNTS PAID BY YOU TO GOTOTAGS DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (II) ONE HUNDRED U.S. DOLLARS ($100 USD);
3. GOTOTAGS SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM SOFTWARE ERRORS, INCLUDING INCORRECT ENCODING, FAILED OPERATIONS, DATA LOSS OR MISREAD TAGS;
4. GOTOTAGS SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM YOUR RELIANCE ON INFORMATION PROVIDED ON THE SITE; AND
5. ANY LIABILITY OF GOTOTAGS IN CONNECTION WITH PHYSICAL PRODUCTS SHALL TERMINATE UPON EXPIRATION OF THE APPLICABLE WARRANTY PERIOD, EXCEPT FOR GOTOTAGS’ INDEMNIFICATION OBLIGATIONS UNDER SECTION 36.2, WHICH ARE GOVERNED BY THE TIME LIMITS STATED IN THAT SECTION.

NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT GOTOTAGS’ LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR FOR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

40. Time Limitation on Claims

Except where prohibited by applicable law, any claim arising out of or related to these Terms, the Site, the Software or any GoToTags product or service must be brought within one (1) year after the event giving rise to the claim. Any claim not brought within this period is permanently barred.

To preserve a claim under this Section, you must give GoToTags written notice of the claim within thirty (30) days after your discovery of the event giving rise to it, describing the claim and the facts supporting it in reasonable detail. A notice that satisfies the requirements of Section 43.2 also satisfies this requirement. A failure to provide timely notice bars the claim.

41. Force Majeure

GoToTags shall not be liable for any delay or failure to perform to the extent caused by circumstances beyond its reasonable control, including acts of God, war, terrorism, flood, fire, earthquake, epidemic, pandemic, labor disputes, strikes, government actions, sanctions, port congestion, power or network outages, disruptions in data communications, production or equipment damage or inability to obtain necessary labor, materials, components, energy, fuel, transportation or governmental authorizations.

In the event of a force majeure delay, GoToTags will notify you as soon as practicable and provide a revised delivery estimate. Delivery timelines shall be extended by a period equal to the duration of the force majeure event.

42. Service Modifications and Availability

42.1 Right to Modify, Suspend or Discontinue

GoToTags reserves the right, at any time and at its sole discretion, to modify, suspend or discontinue the Site, Software, GoToTags Cloud, tag interaction platform, GoToTags Store or any feature, content, product or service offered through any of them, with or without notice. This includes the right to discontinue operation of any GoToTags-operated domain, including gtt.gs. GoToTags may also modify or waive any fees. You agree that GoToTags shall not be liable to you or any third party for any such modification, suspension or discontinuance, including any impact on tags encoded with GoToTags-operated domains.

42.2 Service Availability

GoToTags strives for high availability across the Site, Software, GoToTags Cloud, tag interaction platform and GoToTags Store, but does not warrant or guarantee that any of them will be available, uninterrupted, error-free or reachable at any particular time. Any GoToTags product or service may become unavailable at any time, for any reason, including scheduled maintenance, emergency maintenance, technical failure, third-party dependency failure, network disruption or events outside GoToTags’ control. GoToTags does not commit to advance notice of maintenance or downtime, does not commit to any uptime target and does not provide service credits, refunds or other compensation for periods of unavailability.

43. Governing Law and Dispute Resolution

43.1 Governing Law

These Terms shall be construed in accordance with the laws of the State of Washington, United States of America, without regard to conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms or any transaction under them.

43.2 Informal Dispute Resolution

In the event of any dispute arising out of or related to these Terms (“Dispute”), the party asserting the Dispute shall first attempt in good faith to settle the Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party thirty (30) days to respond or settle. Written notice may be sent by email, first class mail or registered mail. This procedure is a condition precedent to initiating binding arbitration under Section 43.3 or litigation under Section 43.4.

Written notice to GoToTags shall be sent to:

Wireless Sensor Technologies, Inc.
6402 N Helena St #2 Spokane, WA 99217-7562
USA

Email: legal@gototags.com

Written notice to you shall be sent to the email address or billing address associated with your account.

43.3 Binding Arbitration

Any Dispute not resolved through the informal process described in Section 43.2 shall be resolved by binding arbitration, except as provided in Section 43.4 and except for Disputes for which a party has elected to opt out under paragraph (f) below.

1. Scope. Arbitration under this Section applies to any Dispute arising out of or related to these Terms, the Site, the Software, the GoToTags Store, GoToTags products or services, your account, or your interactions with GoToTags, whether framed in contract, tort, statute or otherwise.
2. Rules and Provider. The arbitration shall be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules if you are a consumer user, or its Commercial Arbitration Rules otherwise, as those rules are in effect on the date the arbitration is initiated. The rules are available at adr.org.
3. Location and Format. For consumer users, the arbitration shall be conducted in the county of your residence, by telephone, by videoconference, or based on written submissions, at your option. For all other users, the arbitration shall be conducted in Spokane County, Washington, unless the parties agree otherwise.
4. Costs. Filing and administrative fees are governed by the applicable AAA rules. Where AAA rules require GoToTags to bear a portion of consumer arbitration fees, GoToTags will do so.
5. Class-Action Waiver. You and GoToTags agree that any arbitration or Dispute shall be conducted only on an individual basis. Neither you nor GoToTags may bring a claim as a plaintiff or class member in any purported class, collective, consolidated, coordinated or representative proceeding. If this class-action waiver is held to be unenforceable in a particular Dispute, that Dispute (and only that Dispute) shall be resolved in a court of competent jurisdiction under Section 43.4 rather than in arbitration.
6. Opt-Out. You may opt out of this arbitration agreement by sending written notice of your decision to opt out to legal@gototags.com within thirty (30) days after your first acceptance of these Terms (or, for existing customers on the date these Terms take effect, within thirty (30) days after that effective date). Your opt-out notice must include your name, the email address associated with your account, and a clear statement that you are opting out of arbitration under these Terms. An opt-out is effective only for the account for which it is submitted and does not affect other accounts.

43.4 Court Jurisdiction

Disputes not subject to binding arbitration under Section 43.3 (including Disputes for which you have opted out of arbitration, Disputes excluded from arbitration by applicable law and small-claims-court matters within that court’s jurisdiction) shall be resolved exclusively by the state or federal courts located in Spokane County, Washington, United States of America, except where a consumer user has a non-waivable right under applicable consumer protection law to a different venue.

43.5 Equitable Relief

Notwithstanding the foregoing, GoToTags may seek equitable relief in any court of competent jurisdiction for the protection or enforcement of its intellectual property rights, confidential information or trade secrets, or for the collection of amounts owed to GoToTags.

44. Assignment

You may not assign or transfer these Terms, or any rights or obligations hereunder, without the prior written consent of GoToTags. GoToTags may assign or transfer these Terms at any time without your consent, including in connection with a merger, acquisition, reorganization or sale of assets. Any attempted assignment in violation of this section is void.

45. Relationship of the Parties

You and GoToTags are independent contractors. Nothing in these Terms creates a partnership, joint venture, employment, agency or fiduciary relationship between you and GoToTags. Neither party has authority to bind the other, make representations on behalf of the other or incur obligations in the other’s name.

46. Subcontractors

GoToTags may use subcontractors in the performance of its obligations or in the manufacturing of products. GoToTags remains liable for the performance of its subcontractors.

47. Severability

If any provision of these Terms is held to be invalid, illegal or unenforceable, that provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall remain in full force and effect.

48. Waiver

The failure of GoToTags to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver shall be effective only if in writing and signed by GoToTags.

49. Entire Agreement and Third-Party Beneficiaries

These Terms, together with the Privacy Policy and any applicable Hardware Rental Agreement, constitute the entire agreement between you and GoToTags with respect to the subject matter hereof and supersede all prior or contemporaneous understandings, agreements or communications, whether written or oral. No course of prior dealings or usage of trade shall supplement or modify these Terms.

These Terms confer rights and remedies only upon the parties to them. Except as provided in Section 5.12 for mobile application marketplace operators, no third party has any right to enforce, invoke or benefit from any provision of these Terms.

50. Language

These Terms are provided in the English language. In the event of any conflict between the English version and any translation, the English version shall control. The parties confirm that it is their express wish that these Terms and all related documents be drawn up in English. Les parties confirment leur volonté expresse que ces conditions et tous les documents qui s’y rattachent soient rédigés en langue anglaise.

51. Contact

If you have questions about these Terms or about GoToTags products or services, please contact GoToTags:

Wireless Sensor Technologies, Inc.
6402 N Helena St #2 Spokane, WA 99217-7562
USA

Email: help@gototags.com