Sales Terms and Conditions

Last revised: July 1, 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,” “we,” “us” or “our”), 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. “Products” as used throughout these Terms includes all physical products, software and services acquired from GoToTags. Our collection and use of personal information is described in our 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

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.

Organization

An organization is the top-level group in a hierarchy. 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. The provisioned 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.

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 store, the 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 us 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 but are not limited to:

• Eligibility for credit terms (such as net 30 payment terms as described in Section 17.3);
• Eligibility for sales tax exemption with valid documentation (see Section 16.4);
• 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 but not limited to late payments, failure to meet credit obligations or changes in the customer’s 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 we believe you have violated these Terms or for any other reason at our 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 but not limited to 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 this section. 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. Automation through the GoToTags APIs described in Section 5.8 is permitted; 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 but not limited to 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 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.

5.9 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.

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 record interactions in that project; when the available balance reaches zero, the Software stops recording interactions in that project until additional credits become available.

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 one associated payment transaction identifying the purchasing account; 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 credit pack under Sections 6.10 and 6.12. 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 year from the credit pack’s purchase date, as defined by the 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 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 original 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.

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 payment transaction associated with 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 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.

6.13 Negative Balance

Despite GoToTags’ efforts to prevent it, the credit balance available to a group or project may become negative in limited circumstances. 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. When a group or project has a negative credit balance, GoToTags Software does not record new interactions in that group or project until the balance is restored to a non-negative value.

A negative balance is not a debt owed by any account to GoToTags, and GoToTags will not pursue collection of the negative amount separately. GoToTags may notify accounts or owners of a negative balance as a courtesy but is under no obligation to do so; the customer is responsible for monitoring the credit balance of groups and projects for which they hold a role.

A negative balance at a group or project must be settled as a condition of any subsequent credit pack purchase for that group or project. The next credit pack purchased for a group or project with a negative balance must be sized to at least cover the negative amount, in addition to any additional credits the purchasing account wishes to add. Automatic credit reload configured for a group or project with a negative balance will trigger and, if successful, restore the balance to at least the reload threshold configured for that target.

6.14 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.

7. Data

7.1 Data Categories

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

• Submitted Data means data the customer provides directly (such as encoding data, artwork, files and account information) and data generated by the customer’s 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.

7.2 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.

7.3 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.

7.4 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.

7.5 Data Retention

GoToTags does not charge a separate fee for the storage of Submitted Data or Derived Data and is under no obligation to retain either for any period. GoToTags may delete data at any time, including upon account termination. You are responsible for exporting any data you wish to retain before account termination or at any time during the life of your account. The perpetual license granted in Section 7.2 does not create a retention obligation; 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 of any data.

GoToTags may in the future offer paid retention services with defined retention periods. Such services will be governed by separate terms in addition to these Terms. Absent enrollment in such a service, no retention obligation applies.

7.6 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. In the event of a data breach involving customer data, GoToTags will notify affected customers as required by applicable law.

8. Tag Interactions and End-User Data

8.1 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 our Privacy Policy.

8.2 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.

8.3 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.

8.4 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.

8.5 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 but not limited to 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.

8.6 End-User Privacy

Tag interactions through GoToTags-operated domains are subject to the GoToTags End-User Privacy Notice, 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.

8.7 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.

9. Encoding

9.1 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.

9.2 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.

9.3 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.

9.4 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.

9.5 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 but not limited to tags delivered out of sequence, missing identifiers, duplicate identifiers and non-functional tags (see Section 19.2). 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.

9.6 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 9, as well as Section 15.3 (Encoding Data Approval), apply to encoding performed by third-party vendors in the same manner as encoding performed directly by GoToTags.

9.7 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 but not limited to 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.

9.8 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.

10. Artificial Intelligence

10.1 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.

10.2 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.

10.3 Data and AI Training

GoToTags may use aggregated, anonymized data to train or improve AI models, consistent with Section 7.2. GoToTags will not use your identifiable data or Confidential Information to train AI models without your consent.

11. Site Content

11.1 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.

11.2 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.

11.3 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

12. Scope of Sales Terms

This Part B governs all orders for physical products and services from GoToTags, including but not limited to 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.

For the avoidance of doubt, information contained on the Site or other written materials provided to you by GoToTags is an invitation to treat and not an offer, agreement or commitment on the part of GoToTags to supply any products or services. In plain terms, listings on the Site are not binding offers; they are invitations for you to place an order, which GoToTags may then accept or decline.

13. Quotes

13.1 Nature of Quotes

GoToTags may provide written quotes for products and services. A quote is an invitation to treat and does not constitute an offer or commitment by GoToTags to supply products or services at the quoted price. In other words, a quote is not a guarantee; GoToTags may still decline an order even after issuing a quote. All quotes are issued in US dollars unless explicitly stated otherwise.

13.2 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.

13.3 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 14.3. GoToTags may, at its discretion, require a signature or additional confirmation prior to processing an accepted quote.

13.4 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.

13.5 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.

14. Ordering

14.1 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 14.3.
• Order: GoToTags will review your request. If the request 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.

In either case, no sales contract exists until GoToTags has reviewed and accepted the order as described in Section 14.3.

14.2 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.

14.3 Order Review and Acceptance

All orders, regardless of how they are placed, are subject to review by GoToTags. We will contact you within two business days if an amendment needs to be made or if we choose 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.

14.4 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.

14.5 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.

14.6 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 15.2). 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.

14.7 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.

14.8 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.

15. Custom Products

15.1 Definition

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

15.2 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 but not limited to a PDF, image file, email or portal preview. GoToTags does not provide physical samples as proofs; however, we 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 but not limited to 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.

15.3 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 9.5).

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.

15.4 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.

15.5 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 us 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 we have 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.

16. Prices and Taxes

16.1 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.

16.2 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.

16.3 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.

16.4 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.

16.5 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. We advise you to contact your local customs office for information prior to placing an international order.

17. Payments

17.1 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 our 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 the customer’s bank, intermediary banks or payment processors on the sender’s side, the invoice is treated as partially unpaid. The customer is responsible for paying the shortfall. GoToTags may, at its sole discretion, accept a short payment as full satisfaction of the invoice.

17.2 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 $5,000.00 or more.

17.3 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.

17.4 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.

The customer is 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 the customer’s access to Software, halt credit consumption, refuse new orders and pause open orders for that customer or its group, in addition to any other remedies available. Suspension does not relieve the customer of accrued payment obligations.

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

17.5 Retention of Title on Credit Orders

For orders shipped on credit terms under Section 17.3, 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 20.1. Risk of loss transfers on shipment as described in Section 20.1. 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. 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.

19. Product Specifications and Quality

19.1 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.

19.2 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.

19.3 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.

19.4 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.

19.5 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 but not limited to:

• 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.

19.6 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.

19.7 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. Shipping and Delivery

20.1 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 17.5 for orders shipped on credit terms.

20.2 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.

20.3 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.

20.4 Customer Shipping Accounts

Corporate account customers may request that GoToTags ship orders using the customer’s 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 a customer’s 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.

20.5 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.

20.6 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.

20.7 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.

20.8 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.

20.9 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 but not limited to 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.

21. 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.

22. Order Cancellation

22.1 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.

22.2 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.

22.3 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.

23. Inspections and Returns

23.1 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.

23.2 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.

23.3 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.

23.4 Custom Product Returns

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

23.5 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.

23.6 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 23.4);
• Free samples (see Section 23.5); 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 the customer on completion of the order.

24. Warranty

24.1 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.

24.2 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 19.2.

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

24.3 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.

24.4 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.

25. Post-Sale Compliance, Inspections and Recalls

25.1 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.

25.2 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.

25.3 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.

25.4 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. Confidentiality

GoToTags acknowledges that in the course of fulfilling orders, particularly those involving encoding services and custom products, GoToTags may receive confidential information from you, including but not limited to encoding data, encryption keys, artwork, product specifications, 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 fulfilling your orders; 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.

This obligation survives termination of any order or business relationship for a period of three (3) years.

27. Product Images and Marketing

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

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PART C: GENERAL PROVISIONS

28. Electronic Communications and Marketing

28.1 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.

28.2 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.

28.3 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.

28.4 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 41.2.

29. 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.

30. 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.

31. 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.

32. 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, but is not limited to: 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 but not limited to 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.

33. Compliance and Buyer Representations

33.1 Compliance with Laws

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

33.2 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.

33.3 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.

33.4 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.

33.5 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 33.4. Downstream resale does not relieve you of your obligations under these Terms.

33.6 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.

34. Intellectual Property

34.1 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.

34.2 IP Indemnification by GoToTags

Subject to Section 37 (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 products manufactured by GoToTags infringe 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 products;
• 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 product to make it non-infringing while preserving substantially equivalent functionality; (b) procure the right for you to continue using the product; or (c) refund the amounts you paid for the affected product, less a reasonable allowance for use, and terminate your right to use the 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 product by you or a third party; (b) your Materials or customization incorporated into the product; or (c) claims made more than three (3) years after the date of delivery.

34.3 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.

35. 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.

36. 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 24.

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 BUT NOT LIMITED TO 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.

37. 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 BUT NOT LIMITED TO 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 BUT NOT LIMITED TO 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 PRODUCTS SHALL TERMINATE UPON EXPIRATION OF THE APPLICABLE WARRANTY PERIOD.

NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT GOTOTAGS’ LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

38. 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 41.2 also satisfies this requirement. A failure to provide timely notice bars the claim.

39. 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 but not limited to 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.

40. Right to Change the Site and Software

GoToTags reserves the right, at any time and at its sole discretion, to modify, suspend or discontinue the Site, Software, tag interaction platform or any feature, content, product or service offered through the Site or Software, 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.

41. Governing Law and Dispute Resolution

41.1 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.

41.2 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 mediation. Mediation is a condition precedent to initiating binding arbitration under Section 41.3 or litigation under Section 41.4.

Written notice to GoToTags shall be sent to:

Wireless Sensor Technologies, Inc.
6402 N Helena St
#2
Spokane, Washington 99217
USA

Email: legal@gototags.com

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

41.3 Binding Arbitration

Any Dispute not resolved through the informal process described in Section 41.2 shall be resolved by binding arbitration, except as provided in Section 41.4 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 41.4 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.

41.4 Court Jurisdiction

Disputes not subject to binding arbitration under Section 41.3 (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.

41.5 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.

42. 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.

43. 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.

44. 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.

45. 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.

46. 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. No third party has any right to enforce, invoke or benefit from any provision of these Terms.

47. 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.

48. Contact

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

Wireless Sensor Technologies, Inc.
6402 N Helena St
#2
Spokane, Washington 99217
USA

Email: help@gototags.com