Last Modified: July, 2026
Thank you for using Goldie. Please read these User Terms of Service (“Agreement” or “User Terms”) and our Privacy Policy carefully as you must agree to both in order to be permitted to use our Service.
These User Terms govern your access and use of the Services. Please read them carefully as these User Terms are a legally binding contract between you and the Company.
These capitalized terms referenced and used throughout these User Terms, and not otherwise defined herein, shall have the following meanings:
“App” refers to our Goldie software applications, through which all or some of our Service may be made accessible to you;
“Site” refers to our website and affiliated subdomains;
“Service”, “Goldie” refers to the services that we provide through our Site, including our appointment scheduling service and our App;
“Company”, “Us”, “We”, “our” refers to our company, Quartet Holdco S.R.L., registered in accordance with Romanian laws, under no. J05/270/2022, headquartered in Romania, Bihor county, Oradea, 40 Thurzó Sándor street, ground floor.
“Data Protection Laws” means all applicable statutes and regulations in any jurisdiction pertaining to the processing of personal data, including the privacy and security of personal data (including, but not limited to, the GDPR).
“GDPR” means the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
“User” refers to any individual or entity that uses Goldie in order to manage their business, providing its own service to the Client;
“Client” refers to the end-clients, end-customers or prospects seeking services from the User, who accesses Goldie to schedule appointments, receive services, receives messages through Goldie or otherwise interact with a User through Goldie;
“You” refers to you, the person who is entering into this Agreement with Goldie.
Goldie is an app that helps professionals manage their business, including by scheduling appointments, processing payments and reducing client no-shows using text message reminders. Goldie is currently available on Android, iOS and web platforms.
How messages work on Starter, Basic (legacy) and Premium (legacy)
Under the Starter, Basic (legacy) and Premium (legacy) plans, the reminders are sent via your device and carrier, so your phone or tablet must have text messaging capabilities and an active mobile subscription. Messages will come out of your mobile phone plan, with no extra charges from us. Due to restrictions from the iOS and Android operating systems, a tap is required for each reminder to be sent. You can receive a push notification each time you need to tap for sending an SMS reminder, or you can go to Menu → Messages each morning and send the reminders for the whole day. Under the Starter, Basic (legacy) and Premium (legacy) plans, text messages will come from your number and clients can reply to you.
How messages work on Pro, Teams, Ultimate (legacy), and Staff (legacy)
Under the Pro, Teams, Ultimate (legacy) and Staff (legacy) plans, you can choose how your messages will be sent. Save more time by having messages sent through our system, or send them through your device for a personal touch. Using the Goldie system, the reminders are fully automated. Unused extra messages are carried over to the next monthly usage cycle, after which they will expire. Using the Goldie system, text messages come from a generic number. Clients can reply to that number, and the messages will be redirected to your number. Depending on the length of the reply and types of characters, a certain number of messages will be consumed out of your monthly message quota. Client replies are currently available in the United States, United Kingdom, Australia, Canada, Romania, Ireland, Puerto Rico, Sweden, and South Africa. To request this feature in your country, please email us at support@heygoldie.com.
Disclaimer about sending marketing messages
In certain countries, such as the US and Romania, the law requires express client consent to send them promotional messages. You are solely responsible for obtaining express consent from your clients to send them messages via Goldie. You agree to document this consent and show us this information in the event of a compliance audit or formal complaint. You guarantee that your clients have granted you express consent to send them messages of the type that you intend to send them. If for any reason the Company suspects that the Clients have not given you express consent, it reserves the right to request a written explanation from you, the Client, including the method of collecting the client’s phone numbers and a guarantee signed by you that all the people on your client list agreed to receive marketing text messages from you. The Company may take any action it thinks appropriate in the case of non-compliance, including but not limited to deletion of the account.
AI‑Assisted Features
As part of the Services, Goldie may make available certain optional features powered by artificial intelligence (the “AI Features”), which allow Users to generate draft content such as logos, service descriptions, cancellation policies, and “About My Business” descriptions.
You are hereby informed that the AI Features rely on automated artificial intelligence systems and that the content generated through such features is produced by AI and not by a human.
Use of the AI Features is optional. Any content generated using the AI Features:
• is provided solely as a draft or suggestion;
• may be reviewed, modified, replaced or discarded by you at any time; and
• is used or published only at your sole discretion and responsibility.
AI-generated content produced through the AI Features is made available exclusively to Users and does not autonomously interact with, communicate to, or make decisions affecting your Clients.
You are solely responsible for:
• the prompts, instructions, data and other inputs you provide when using the AI Features; and
• any content generated, selected, used or published by you as a result of such use.
You undertake to ensure that your inputs, prompts and the resulting AIgenerated content do not infringe any applicable law or the rights of any third party, including intellectual property rights, rights of publicity or image, privacy rights, contractual rights or other proprietary or personal rights.
The AI Features do not provide legal, business, financial or other professional advice and do not carry out automated decisionmaking producing legal or similarly significant effects. You remain solely responsible for assessing the suitability, accuracy and compliance of any AI generated content with applicable laws and your contractual obligations towards Clients.
The AI Features are powered by third‑party artificial intelligence technology providers (including OpenAI). Use of the AI Features may therefore be subject to technical limitations or inaccuracies inherent in such systems.
To the extent permitted by applicable law, Goldie does not verify, endorse or assume any responsibility for AIgenerated content and shall not be liable for any claims, damages, losses or liabilities arising out of or in connection with:
• your inputs or prompts;
• the AI generated content itself; or
• your use of, reliance on or publication of such content.
This clause does not affect any mandatory rights or liabilities that cannot be excluded under applicable law.
In order to use our Service, you must meet a number of conditions, including but not limited to:
▪️You must not be in violation of any embargoes, export controls, or other laws of Romania, the European Union or other countries or supranational bodies having jurisdiction over this Agreement, the Company, and yourself. For example, you must not use our Service if doing so would be in violation of the Common Foreign and Security Policy of the European Union.
▪️You must have the minimum age required to enter into a contract in the area in which you reside, and, in all cases you must be at least 18 years old to use the Service.
▪️You must provide us with personal information, and other information that we deem necessary to provide you with our Service.
By agreeing to these User Terms, you declare that you comply with these conditions.
The Company provides a tool designated to assist with the management of appointments. You acknowledge and agree that you are solely responsible for determining whether the use of our Service is appropriate for your specific purpose. To the maximum extent permitted by applicable law, you expressly release and hold the Company, its affiliates, officers, employees, and contractors harmless from any and all claims, liabilities, losses, damages, costs, or expenses arising out of, related to, or connected with your access to or use of the Service, including any reliance on the information, functionality, or outputs provided by the Service. Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, willful misconduct, gross negligence, or any other liability which cannot be excluded or limited under applicable law.
The Services are not intended for and may not be used by individuals under 18 years of age. Children under the age of 18 shall only use the Services under the supervision of their parent/guardian or school/educator and are specifically prohibited from the use of the Services otherwise.
You and your access and use of the Services must at all times comply with these User Terms, including the Rules of Use set out in art. 6.1 below, as well as all applicable laws and regulations. Use of the Services is limited to your own internal purposes and may not be resold or otherwise transferred to any third party.
If you are accessing or using the Services on behalf of an entity, you represent and warrant that you have obtained all necessary authorizations from that entity, that you are duly authorized to bind the entity to these User Terms, and that your access to and use of the Services will not violate any of the entity’s internal policies.
You are solely responsible for ensuring the legality of all content, data and activities you carry out on Goldie under the applicable law. You alone are responsible for determining, understanding, and complying with all legal and regulatory requirements in the jurisdictions where you offer your own services, including, without limitation, consumer protection rules and industryspecific regulations. Goldie has no involvement in, control over, or authority regarding the services or content you provide to your Clients.
The Company may receive and review notices, complaints or reports regarding alleged violations of these User Terms or applicable law. The Company may take any action it deems appropriate in its sole discretion, including, without limitation, suspending your access to the Services, temporarily or permanently revoking your account, or terminating your access to the Services altogether. The Company may also report any suspected unlawful activity to law enforcement authorities, regulators, or other relevant third parties and may disclose to such parties any information it considers necessary or appropriate (including, for example, account information, data, email addresses, usage history, posted content, IP addresses, and traffic information), to the extent permitted by applicable law and in accordance with our policies.
Where the Company decides to restrict, suspend or terminate access to the Services or a user account on the grounds of alleged violations of these User Terms or applicable law, the Company will: (a) provide the affected user with a clear and specific statement of reasons for the decision; and (b) make available an internal complainthandling mechanism enabling the user to contest the decision, where required by law.
Nothing in these User Terms limits the Company’s right to take immediate measures where necessary to comply with legal obligations, address security or fraud risks, or prevent misuse of the Services.
You agree to promptly notify Us if you become aware of any unauthorized or unlawful use of the Services, by contacting us at support@heygoldie.com.
6.1 Rules of use
You and your access and use of the Services must comply at all times with the following Rules of use:
6.1.1. You must not:
- Violate, encourage, or facilitate the violation of any applicable laws, regulations, or thirdparty rights.
- Post, upload, send, store, or share any content or data that is, or could reasonably be considered:
• deceptive, fraudulent, or misleading;
• unlawful or promoting unlawful activities;
• defamatory, libelous, obscene, pornographic, or sexually explicit;
• harmful to minors in any way;
• racist, hateful, discriminatory, harassing, abusive, or violent;
• threatening, inciting harm, or encouraging self‑harm;
• otherwise inappropriate, offensive, or inconsistent with the intended use of the Services.
- Post, upload, send, or introduce any viruses, bots, worms, Trojan horses, time bombs, ransomware, scripting exploits, or any other malicious or harmful code, files, or programs, including anything designed to disrupt, damage, or interfere with the Services, other Users, or any systems or networks;
- Engage in, support, or permit any wrongful, abusive, or illegal activities, including but not limited to fraud or money laundering.
- Use the Services to generate, send, or facilitate unsolicited or unauthorized communications, including spam, mass advertising, phishing messages, or any other unwanted solicitation.
- Infringe on any third party’s intellectual property rights, privacy rights, publicity rights, proprietary rights, or other legal rights.
- Impersonate any person or entity, misrepresent your identity, create false accounts, or otherwise engage in misleading or fraudulent behavior.
- Hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of the Goldie Site, Service or systems, any related infrastructure or any other Users’ data, devices or accounts.
- Provided false, inaccurate, misleading or incomplete information to the Company or Clients or within your account or content.
- Interfere with, disrupt, overload, or compromise the normal functioning, availability, or accessibility of the Services, including by using automated tools (bots, scrapers, crawlers, spiders, scripts, or similar technologies) without the Company’s express prior written authorization.
- Use the Services in any manner that could cause damage to, or otherwise negatively impact, the Company’s reputation, goodwill, operations, or relationships with Users, partners, regulators, or other stakeholders.
As a User, You may be required to create an account to access specific features on the App. You alone are responsible for keeping your account login credentials confidential. You are also solely responsible for any actions taken through your account. Should there be any unauthorized use of your account, you must inform us immediately (support@heygoldie.com). The Company may suspend, restrict, or terminate your account at any time in accordance with applicable law and these User Terms, including the Digital Services Act (DSA), and will provide a statement of reasons where legally required.
You acknowledge that you remain liable for the acts and omissions of any third party that you allow, enable, or otherwise provide access to the Services, including their compliance with these User Terms.
The Company retains the right to use any lawful methods we consider necessary to prevent unauthorized access or misuse of the App. This includes, but is not limited to, implementing technological barriers, mapping IP addresses, and reaching out to your Internet Service Provider (ISP) about such unauthorized activities.
8.1 GIFT CARD TERMS
If You use the Service to offer or sell gift cards to Clients, You acknowledge and agree that You, and not the Company, are the sole issuer and administrator of such gift cards. As the issuer, You are solely responsible for ensuring full compliance with all applicable laws and regulations relating to gift cards. This includes, but is not limited to, compliance with disclosure and notice requirements, expiration dates, fees, refund and cash-back policies, unclaimed property and escheat laws (including any tracking, reporting, and remittance obligations), and providing all necessary customer service to Clients and other holders of such gift cards.
Gift cards issued by You through the Service are redeemable solely for Your goods and services. The Company does not charge any fees or impose any restrictions on the redemption of such gift cards. The Company shall not be held responsible or liable for any lost, stolen, or misused gift cards. All gift cards issued by You, and the funds associated therewith, remain Your exclusive property. You accept all liability for the use, misuse, and administration of gift cards issued through the Service, including any claims, disputes, or obligations arising therefrom. You agree to indemnify and hold the Company harmless from all claims, liabilities, damages, losses, costs, and expenses arising out of or relating to the issuance, administration, sale, redemption, or misuse of gift cards issued by you through the Services, including any disputes between you and your Clients.
8.2. RESPONSABILITIES
You are solely responsible for handling any cancellations, withdrawals, refunds or compensation claims raised by your Clients in connection with the services you provide to them, in accordance with applicable consumer protection laws. The Company has no involvement in, and bears no responsibility for, such matters.
9.1. Payment and Refunds
For Users who purchase a subscription through the Apple Store or Google Play: – Your payment will be charged to your Apple ID/Google Play Account once you confirm your purchase. – The subscription automatically renews unless canceled at least 24-hours before the end of the current period. – You can manage your subscription by going to your Apple ID/Google Account Settings after purchase. – Your Apple ID/Google Play account will be charged for renewal within 24-hours prior to the end of the current period. – The Company charges different prices in different countries, please check your local prices within the app (Menu → Upgrade account). All fees are exclusive of all taxes or duties imposed by governing authorities. You alone are responsible for payment of all such taxes or duties. THERE WILL BE NO REFUNDS OR CREDITS FOR PARTIAL MONTHS OF SERVICE, UPGRADE/DOWNGRADE REFUNDS, OR REFUNDS FOR MONTHS UNUSED WITH AN OPEN ACCOUNT.
The Company does not control and cannot override Apple/Google billing systems or refund decisions.
If you are a consumer and purchase subscriptions directly from the Company (outside app stores), you have a 14-day right of withdrawal for digital content/services. By subscribing, you expressly request that the service begins immediately. In the event you exercise your right of withdrawal within the 14-day period, you agree to pay for the services provided up to the moment of withdrawal, in proportion to the subscription period already used.
To exercise your right of withdrawal, you must inform us of your decision by means of an unequivocal statement (e.g., via the Platform, by email, or by post). You may use the model withdrawal form set out below, but it is not mandatory.
MODEL WITHDRAWAL FORM
(Complete and return this form only if you wish to withdraw from the contract)
To: Quartet Holdco S.R.L., registered in accordance with Romanian laws, under no. J05/270/2022, headquartered in Romania, Bihor county, Oradea, 40 Thurzó Sándor street, ground floor, e-mail support@heygoldie.comI/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the provision of the following service: intermediation of appointments through the Goldie Platform
Ordered on (*) / received on (*): _______________
Name of consumer(s): _______________
Address of consumer(s): _______________
Signature of consumer(s) (only if this form is submitted on paper): _______________
Date: _______________
(*) Delete as appropriate.
As of 19 June 2026, consumers may also exercise your right of withdrawal online by using withdrawal button available at https://heygoldie.typeform.com/wrequest. If you use this online function, we will send you, without undue delay, a confirmation of receipt of the withdrawal on a durable medium (e.g., via email), including its content, as well as the date and time of its transmission.
9.2 Subscription cancellation
The easiest way to do this is by downgrading to the Starter plan Please go to Menu → Settings>Account>Manage Subscriptions. Subscriptions bought through Google Play will be automatically canceled when you downgrade to Basic, however, if you bought your subscription through the App Store, Apple requires you to manually cancel your subscription. You are solely responsible for properly canceling your Apple subscription. An email or phone request to cancel your subscription is not considered cancellation. Here’s a step by step guide on how to do this. Please note that deleting the app and/or your account does not cancel your subscription. You remain responsible for all charges until your subscription is canceled through the correct channels.
9.3 Modifications to the Service and Prices
▪️The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Service Where such changes materially affect the Service, the Company will provide you with prior notice of at least 5 days in advance.
▪️Prices of all Services are subject to change upon 30 day notice from us. Special offers (lower prices) may be announced on the same day when they are applicable. Such notice may be provided at any time by posting the changes to the Goldie site or the Service itself. At all times, they will apply for future payments.
▪️ To the maximum extent permitted by applicable law, the Company shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service, provided such actions are taken in good faith and in accordance with this Agreement.
9.4. If you are a consumer within the meaning of applicable consumer protection laws, the following applies instead of 9.3. above :
- The Company may modify the Service or change the prices with at least 30 days advance notice, which will be provided on a durable medium (such as email or in-app notification).
- If a modification or price change adversely affects you, you have the right to terminate the contract without penalty before the change takes effect. Continued use of the Service after the effective date of the change will be considered acceptance of the updated terms or prices.
- Nothing in this Agreement limits or excludes any mandatory rights you may have under applicable consumer protection laws.
Downloading, accessing, or using the App may result in additional charges imposed by your mobile network operator, internet provider, or other thirdparty service providers, including data usage fees, roaming charges, SMS fees, or other connectivityrelated costs.
You are solely responsible for all such thirdparty charges.
The Company has no control over, and is not liable for, any fees billed to you by your mobile or internet provider.
You are strongly advised to check with your mobile or internet provider to understand any potential costs associated with using the Services.
The Company must preserve the uniqueness of our content because it distinguishes us from our competitors. All content, materials, features, design elements, text, graphics, images, software, source code, and other information available on or through the Site or Services (the “Company Content”) are protected by copyright and other intellectual property laws and are the exclusive property of the Company or its licensors.
You may only use and/or access the Service and the Company Content solely for your own lawful use of the Services, and only subject to these Terms and the payment of the subscription. Nothing in this Agreement implies any transfer of intellectual property rights or content from the Company to the User.
Except as expressly permitted in writing by the Company, You agree not to copy, modify, distribute, transmit, display, disseminate, reproduce or create derivative works from any Company Content, in whole or in part, whether manually or through automated means.
You acknowledge that the Company must protect the integrity, originality, and exclusivity of its content, and any unauthorized use constitutes infringement and may result in legal action.
The names “Goldie”, “Appointfix”, “Quartet Holdco SRL” and associated logos, slogans and branding (collectively “Company Trademarks”) are trademarks of Quartet Holdco S.R.L., and are protected under applicable trademark and unfaircompetition laws. You agree not to use anywhere without our prior written consent:
- the Company Trademarks or any trademarks, trade names, service marks, or logos that are confusingly similar to these (including these names/wordings or similar);
- our trade dress, branding style, color palette, UX or copy the look and feel of our app and website or its design;
- engage in any commercial activity that suggests endorsement, affiliation, or association with the Company.
You agree that, pursuant to applicable unfaircompetition and intellectualproperty laws, you are prohibited from starting, operating, or participating in any competing business or practice that imitates, replicates, or derives unfair advantage from the Company’s branding, trademarks, trade dress, or overall commercial identity.
As far as Parties’ business to business relationship is regarded (thus excluding the Users natural persons who are acting strictly for personal / or for household related purposes) – hence where the Users act as businesses including for professional activities (hereinafter reffered to as „Business Users”), Parties shall process the personal data disclosed, shared or collected and used pursuant to entering and executing this Agreement only in compliance with the applicable Data Protection Laws. To this end, Business Users undertake that they have fully informed (or shall in due time inform, as per the applicable legal rules in field) the relevant data subjects from at their level (collaborators, employees, other third parties) about the processing of their personal data in the context of using the App and the Services forming the object of this Agreement. Where the Parties (Business Users and the Company) act as data controllers (in the meaning of GDPR) individual one from the other, each of them are exclusivelly liable for their personal data processing activities in the context of this Agreement.
As far as the provision by the Company of the Services and App is regarded, where the Company is acting as a data processor (in the meaning of GDPR, hereinafter reffered to as the „Data Processor”) for the Business Users (acting at their turn in such context as data controllers – in the meaning of GDPR – hereinafter reffered to each as the „Data Controller”), the Parties hereby undertake the following:
1.1. the Data Processor shall:
a) take appropriate technical and organizational measures to ensure the security of the personal data, in compliance with the applicable Data Protection Laws, and to protect those personal data thus processed on behalf of the Data Controller against any unauthorized or unlawful processing and accidental loss, alteration, destruction, disclosure, access or damage, and comply at all times with such measures;
b) ensure that those measures ensure a level of security appropriate to (i) the harm that might result from such processing, loss, destruction or damage; and (ii) the nature, scope, context and purposes of the personal data processing;
c) not process those personal data, and in particular (but without limitation) not disclose them to any person (other than a subcontractor) or transfer them outside the European Economic Area, except on the documented instructions of the Data Controller or as required by the applicable law; in the latter case, the Processor shall inform the Data Controller of that legal requirement before processing, unless the applicable law prohibits such information on important grounds of public interest; any transfer of personal data outside of the European Economic Area shall be made by the Data Processor in compliance with the data protection laws; subsequent instructions may also be given by the Data Controller throughout the duration of the processing of personal data and such instructions shall always be documented by the Data Processor; the Data Processor shall immediately inform the Data Controller if, in the Data Processor’s opinion, instructions given by the Data Controller infringe the data protection laws;
d) process the personal data in connection with the performance of this Agreement solely in accordance with and for the purposes of this Agreement, and in compliance with the applicable Data Protection Laws;
e) grant access to the personal data undergoing processing to members of its personnel only to the extent strictly necessary for implementing, managing and monitoring of the Agreement, provided that such employees and other personnel of the Data Processor have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;
f) notify the Data Controller promptly, in writing, after becoming aware about any legally binding request for disclosure of the personal data which the Data Controller has disclosed to the Data Processor or any other request, received from a governmental authority, with respect to the personal data processing activities that fall within the scope of the Agreement; in this case, the Data Processor shall promptly inform the Data Controller; and any personal data breach, as such term is defined under GDPR, where such personal data breach affects the personal data processed by the Processor on behalf of the Controller under this Agreement; this shall be made without undue delay and no later than forty-eight (48) hours after becoming aware of the personal data breach; such notification in relation to the personal data breach shall contain, at least the information mentioned at articles 33 and 34 of the GDPR;
g) promptly inform the Data Controller if it receives a request or notice from a data subject seeking to exercising his or her rights under the data protection laws in respect of personal data processed by the Data Processor on behalf of and on instructions from the Data Controller, and provide reasonable assistance to the Data Controller (to the extent such information is within its possession or control) in order to allow the Data Controller to respond to the request or notice;
h) ensure appropriate technical and organizational measures that would allow the Data Controller to fulfil its obligations to respond to requests by the data subject in exercise of his or her rights, as recognized by the relevant data protection laws;
i) in reasonable time, subject to the complexity and volume of information, shall make available to the Data Controller all information and documentation as may be necessary to demonstrate compliance with the obligations laid down in this data protection clauses and allow for and contribute to any audits, including inspections, conducted by the Data Controller or another auditor mandated by the Data Controller with respect to the processing of personal data by the Data Processor hereunder; the Data Processor shall deal promptly and adequately with inquiries from the Data Controller about the processing of personal data in accordance with this Agreement;
j) assist the Data Controller in complying with the obligations under articles 32 – 36 of the GDPR, taking into account the nature of the processing and the information available to the Data Processor; and
k) upon the written choice of the Data Controller, shall delete and return all the personal data to the Data Controller after the end of the provision of the services, and delete existing copies, except as otherwise expressly required by applicable law or where necessary for the establishment, exercise or defense of legal claims existing at the date of the Data Controller’s request, in these latter cases the service provider acting as data controller of its own under the data protection laws with respect to such personal data processing activities.
1.2. the Data Controller shall:
a) instruct the Data Processor to implement its decisions regarding processing, in order to ensure the performance of the tasks stipulated herein. The processing instructions of the Data Controller shall be delivered to the Data Processor in writing, including via e-mail. The Parties hereby agree that all such instructions delivered in e-mail shall be deemed and accepted as written. The receipt of the instruction will be deemed confirmed with the receipt of the delivery message;
b) authorize the Data Processor to give equivalent instructions to any sub-contractor on its behalf, in accordance with the applicable law;
c) be entirely responsible for the processing thus carried out on its behalf by the Data Processor, in line with art. 82 para (2) of GDPR and will exonerate and hold harmless the Data Processor for any related liabilities or damages thus caused by the Data Controller up to the maximum extent allowed under GDPR and any other applicable Data Protection Laws.
3. The Processor is generally authorized to subcontract the services under this Agreement, in line with GDPR. The Data Processor shall ensure that the sub-processor complies with the obligations to which the Data Processor is subject pursuant to these clauses and to the applicable Data Protection Laws.
4. The details of the processing operations, in particular the subject-matter and duration of the personal data processing, the nature and purpose of the personal data processing, the type of personal data and categories of data subjects, are specified in the table below (Details of Personal Data Processing), an integral part of these clauses.
Details of Personal Data Processing
Purpose of processing: Assisting the Data Controller to perform data processing operations in the context of this Agreement
Type of processing: General regime processing; electronic/ online data processing
Subject-matter and nature of processing: Data collection, maintenance, archiving via the App on behalf of the Data Controller, where the case
Processing duration: Pending the duration of the Agreement and in line with the instructions of the Data Controller
Categories of processed Personal Data: General regime data (any sensitive data as per GDPR are excluded) as name and surname, contact data, professional related data, data comprised in messages/ bookings
Categories of Data Subjects: Natural persons invited by the Data Controller within the context of using the App and Services
Transfers to countries outside of the European Economic Area (or international organizations): Both EU and outside EU transfers, while in line with GDPR rules
In principle, any joint processing relationship is excluded from the scope of this Agreement. However. where any joint controllership would become applicable and therefore the Parties determine the purposes and means of processing in a joint manner, as per GDPR, they shall act as joint controllers. In such context, they shall in a transparent manner determine their respective responsibilities for compliance with the obligations under GDPR, in particular as regards the exercising of the rights of the data subject and their respective duties to provide the information referred to in Articles 13 and 14 of GDPR, by means of an arrangement between them unless, and in so far as, the respective responsibilities of the controllers are determined by Union or Member State law to which the controllers are subject. The arrangement may designate a contact point for data subjects. The arrangement referred to above shall duly reflect the respective roles and relationships of the joint controllers vis-à-vis the data subjects. The essence of the arrangement shall be made available to the data subject. Irrespective of the terms of the arrangement referred to above, the data subject may exercise his or her rights under GDPR in respect of and against each of the controllers.
If you are a consumer, nothing in these Terms limits or excludes any rights you have under mandatory law concerning the conformity of digital content, digital services or goods, or any other non-excludable statutory rights and remedies. In particular, where applicable, we are responsible for ensuring the Services conform to the contract and you may be entitled to remedies including repair, replacement, price reduction or termination, as provided by law.
Subject to the preceding paragraph and to mandatory law, and only to the extent permitted by applicable law:
Our Services are provided “as is” and “as available”, without any express warranties. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. We do not warrant that the Services will be uninterrupted or error free, or that defects will be corrected, although we will use reasonable skill and care in providing and maintaining the Services.
We shall not be liable for any loss of profit, loss of revenue, loss of business, loss of contracts, loss of anticipated savings, loss of or damage to goodwill, loss or corruption of data, or any indirect or consequential loss or damage, in each case however arising.
Our total aggregate liability arising out of or in connection with the Agreement and the Services, whether in contract, tort (including negligence), misrepresentation, restitution or otherwise, shall not exceed the greater of: (a) the total fees actually paid by you for the Services in the twelve (12) months preceding the event giving rise to the claim ; and (b) EUR 240.
YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.
YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ACTS OR OMISSIONS OF INDEPENDENT THIRD PARTIES OVER WHOM WE HAVE NO REASONABLE CONTROL, INCLUDING PAYMENT PROCESSORS OR APP STORES
YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR WHAT MAY OCCUR AS A RESULT OF YOUR DECISION TO SHARE YOUR DATA WITH OTHER USERS OR ANY OTHER THIRD PARTIES.
YOU AGREE THAT WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.
Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, willful misconduct, gross negligence, or any other liability which cannot be excluded or limited under applicable law, including liability under mandatory product liability rules.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
You agree to indemnify and hold us harmless for any thirdparty claims, losses, damages, liabilities, costs and expenses (including reasonable legal fees, court costs and settlement costs) arising out of or in connection with: (a) your breach of the Agreement; (b) your infringement of thirdparty intellectual property rights through your content or your use of the Services contrary to the Agreement; or (c) your unlawful use of the Services. This indemnity shall not apply to the extent that the claim arises from our own breach of the Agreement, our wilful misconduct, fraud, or from the Services themselves as provided by us where used in accordance with the Agreement.
We will promptly notify you of any claim for which we seek indemnity, give you reasonable information and cooperation, and, subject to our rights and obligations under applicable law, allow you to control the defence and settlement of the claim.
This Agreement shall be governed by the laws in force in Romania. The offer and acceptance of this contract are deemed to have occurred in Romania.
If you are a consumer, this choice does not deprive you of the protection afforded by provisions that cannot be derogated from by agreement under the law of your habitual residence.
You agree that any dispute arising from or relating to this Agreement will be resolved by the competent courts in Romania.
If you are an EU-resident consumer, you may also bring an action before the courts of your country of residence, as mandated by imperative rules.
The Parties may, by mutual agreement, seek to resolve disputes through alternative dispute resolution mechanisms, including mediation, without prejudice to the consumer’s right to bring proceedings before the competent courts.
If you are a consumer and you are not satisfied with our response or we fail to respond, you have the right to escalate your complaint to:
a) the National Authority for Consumer Protection in Romania at: https://anpc.ro/.
b) European Commission's Online Dispute Resolution Platform at: https://ec.europa.eu/consumers/odr.
Filing a complaint does not affect your right to seek legal remedies through the competent courts in Romania.
Neither Party shall be liable for any failure or delay in the performance of its obligations under this Agreement to the extent that such failure or delay is the result of events beyond our control, i.e. force majeure and unforeseeable circumstances, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, the interpretation that best reflects the parties’ original intent and ensures compliance with applicable law shall prevail.
Non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
We may suspend or terminate your access to the Services at our discretion for legitimate reasons, including but not limited to:
• your material breach of this Agreement;
• violation of applicable laws or third-party rights;
• security, fraud, or technical risks;
• repeated infringement or abusive conduct
• complaints received with respect to alleged illegal or non-compliant conduct or content.
Except where immediate suspension or termination of access is required (e.g., security threats, fraud prevention, or legal obligations), we will provide you with reasonable prior notice of 5 days. In all cases, you will be provided with statement of the reasons for the measure taken.
For the same legitimate reasons (regardless of whether access has been suspended or terminated), we may terminate this Agreement. The termination may take effect by written notice, without court intervention and any other formalities, either immediately upon receipt or at a later date mentioned in the notice.
If termination results from your breach of this Agreement, we reserve the right to withhold refunds for Services already provided or for costs reasonably incurred. This does not affect any mandatory refund rights available to consumers under applicable law.
The Company may also terminate the Agreement for convenience, by providing you with at least 15 days’ prior written notice. Termination will take effect on the date specified in the notice, without court intervention or other formalities.
You may terminate the Agreement for convenience under the conditions mentioned under art. 9.2. above.
Our liability for refunding you, if you have paid anything to us, will be limited to the amount you paid for goods or services which have not yet been and will not be delivered, except in cases where the termination or cancellation was due to your breach of this Agreement, in which case no refund or other compensation whatsoever will be owed. Under no circumstances, including termination or cancellation of our Service to you, will we be liable for any losses related to actions of other Users following termination.
In cases of suspension or termination based on content, conduct, or alleged noncompliance, we will provide you with:
• a statement of reasons for the measure,
• information regarding our internal complainthandling mechanism, and
• details of available outofcourt dispute settlement options, subject to permitted exceptions (e.g., fraud, security risks, repeated infringement).
Depending on the consent you’ve provided, our text messages (the “Goldie Texts”): (1) provide you with information you requested from us; (2) respond to your support questions and other inquiries regarding your use of our services; and/or (3) provide you with marketing or promotional content that may interest you.
You can cancel the SMS service at any time. Just text “STOP” to the short code. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us.
If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again. If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at support@heygoldie.com.
Neither the Company nor carriers are liable for delayed or undelivered messages.
As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive no more than one text message a day, unless specifically requesting information.
If you have any questions about your text plan or data plan, it is best to contact your wireless provider.If you have any questions regarding privacy, please read our privacy policy.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior express written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion. In such cases, we will ensure that your rights under this Agreement remain materially unaffected.
We may amend this Agreement from time to time to reflect changes in our Services, operations, legal requirements, or for other legitimate reasons. When we amend this Agreement, we will email you, if your email address is registered, that there has been a change and update this page accordingly.
Your continued use of our Service shall constitute your acceptance of any such amendments.
If you are a consumer, art. 9.4 above applies to you in case of amendments to the Agreement.
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Goldie must be addressed to our agent for notice and sent via certified mail to that agent. For our agent’s most current contact information, please send a request support@heygoldie.com. Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
