Terms of Service

1 Acceptance of Terms

By accessing or using the website located at www.gookas.mom, submitting inquiries through our contact forms, or engaging Gookas, LLC for professional services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you are entering into these terms on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these terms. In such cases, the terms you and your refer to that entity.

If you do not agree with any provision of these terms, you must not access our website, submit any information through our forms, or use our services. Your continued use of the website following any modification to these terms constitutes acceptance of the revised terms.

2 Services Description

Gookas, LLC provides professional computer systems design and related services in the fields of systems architecture, infrastructure integration, security engineering, performance optimization, data pipeline design, and technical advisory. The specific scope, deliverables, timelines, and fees for any engagement will be defined in a separate written agreement, statement of work, or service proposal mutually executed by both parties.

Information provided on our website — including service descriptions, case studies, methodologies, and technical content — is for general informational purposes only and does not constitute a binding offer to perform services. No contractual relationship is formed solely through the use of our website or submission of a contact form inquiry. A binding agreement requires explicit written confirmation from an authorized representative of Gookas, LLC.

3 User Obligations

When using our website and services, you agree to the following obligations:

• You will provide accurate, current, and complete information when filling out contact forms or otherwise communicating with us. Knowingly submitting false or misleading information is grounds for immediate termination of any resulting engagement.
• You will not use our website or services for any unlawful purpose or in violation of any applicable federal, state, local, or international law or regulation.
• You will not attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of our website, servers, networks, or associated infrastructure.
• You will not use any automated means — including robots, spiders, scrapers, or data mining tools — to access, extract, or index any content from our website without our prior express written permission.
• You will not transmit any viruses, malware, ransomware, or other malicious code through our website or any communication channel associated with Gookas, LLC.
• You will respect the intellectual property rights of Gookas, LLC and third parties at all times when using our website and consuming our content.

4 Intellectual Property

All content on the Gookas, LLC website — including but not limited to text, graphics, logos, icons, images, software code, architecture diagrams, methodology descriptions, service names, and the overall design and arrangement of the site — is the exclusive intellectual property of Gookas, LLC or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws.

The trademarks, service marks, and logos displayed on our website (including the Gookas name, the Gookas Systems mark, and associated visual identifiers) are registered and unregistered trademarks of Gookas, LLC. You may not use, reproduce, or display any of these marks without our prior written consent.

For service engagements governed by a separate written agreement, intellectual property rights in deliverables — including architecture documents, system designs, integration specifications, and custom code — will be allocated as specified in that agreement. Unless otherwise agreed in writing, Gookas, LLC retains ownership of its proprietary methodologies, tools, frameworks, and pre-existing intellectual property used in the performance of services.

5 Payment Terms

Fees for professional services rendered by Gookas, LLC will be specified in the applicable statement of work, proposal, or service agreement. Payment terms typically require a deposit or retainer before work commences, with milestone-based or periodic invoicing for the balance. All invoices are due within the timeframe specified in the governing agreement — typically net thirty calendar days from the invoice date unless otherwise agreed in writing.

Late payments may incur interest at the rate of 1.5% per month or the maximum rate permitted by applicable law, whichever is lower. Gookas, LLC reserves the right to suspend or terminate services if payment is not received within the agreed timeframe. All fees are quoted and payable in United States Dollars (USD) unless a different currency is explicitly specified in the service agreement. You are responsible for any applicable sales, use, value-added, or other taxes imposed on the services, except for taxes based on the net income of Gookas, LLC.

6 Confidentiality

Gookas, LLC recognizes that in the course of providing services, we may receive confidential, proprietary, or trade secret information from clients. We agree to maintain the confidentiality of all such information using the same degree of care we use to protect our own confidential information, but in no event less than reasonable care.

Confidential information does not include information that: (a) is or becomes publicly available through no breach of these terms by the receiving party; (b) was rightfully in the receiving party's possession prior to disclosure; (c) is independently developed by the receiving party without use of or reference to the disclosing party's confidential information; or (d) is rightfully obtained by the receiving party from a third party without any obligation of confidentiality.

7 Limitation of Liability

To the fullest extent permitted by applicable law, Gookas, LLC and its officers, directors, employees, contractors, and affiliates shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages — including but not limited to loss of profits, loss of revenue, loss of data, business interruption, or cost of substitute services — arising out of or related to these terms, the use of our website, or the provision of our services, regardless of the legal theory (contract, tort, strict liability, or otherwise), even if advised of the possibility of such damages.

In any case, the aggregate liability of Gookas, LLC for all claims arising out of or related to these terms, our website, or our services shall not exceed the total amount of fees actually paid by you to Gookas, LLC in the twelve months immediately preceding the event giving rise to the claim. For claims arising where no fees have been paid (such as claims related solely to website usage), the aggregate liability shall not exceed one hundred United States Dollars (USD $100.00).

Some jurisdictions do not allow the exclusion or limitation of liability for certain types of damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law. Nothing in these terms purports to exclude or limit liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation.

8 Disclaimer of Warranties

The Gookas, LLC website and all content, information, and services provided through it are delivered on an as is and as available basis without any warranty of any kind, whether express or implied. To the fullest extent permitted by applicable law, Gookas, LLC expressly disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of dealing, course of performance, or usage of trade.

Without limiting the foregoing, Gookas, LLC does not warrant that: (a) the website will operate uninterrupted, error-free, or free of harmful components; (b) any defects or errors in the website or its content will be corrected; (c) the website is free of viruses or other harmful code; or (d) any information obtained through the website is accurate, complete, or reliable.

For professional services governed by a separate written agreement, any warranties applicable to those services will be set forth exclusively in that agreement. The general disclaimers in this section apply to website usage and informational content only.

9 Indemnification

You agree to defend, indemnify, and hold harmless Gookas, LLC and its officers, directors, employees, contractors, 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: (a) your use of our website or services; (b) your violation of these Terms of Service; (c) your violation of any applicable law, regulation, or third-party right; or (d) any content, materials, or information you submit to us.

Gookas, LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such event, you agree to cooperate fully with our defense of the claim.

10 Third-Party Services and Links

Our website may integrate with or contain links to third-party websites, services, tools, or resources that are not owned or controlled by Gookas, LLC. We have no control over and assume no responsibility for the content, privacy policies, security, or practices of any third-party websites or services. You acknowledge and agree that Gookas, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third-party content, goods, or services.

We strongly encourage you to review the terms of service and privacy policies of any third-party website or service that you visit. Inclusion of any link or reference on our website does not imply endorsement by Gookas, LLC of the linked site or service.

11 Termination

These Terms of Service remain effective until terminated by either party. You may terminate these terms at any time by ceasing all use of our website and services and notifying us of your intent to terminate. For service engagements governed by a separate written agreement, termination provisions specified in that agreement will control.

Gookas, LLC may terminate or suspend your access to our website and services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms of Service or if we reasonably believe that your conduct may cause legal liability for Gookas, LLC or harm to other users, third parties, or our systems. All provisions of these terms that by their nature should survive termination — including but not limited to intellectual property, confidentiality, limitation of liability, disclaimer of warranties, indemnification, and governing law — shall survive termination.

12 Governing Law

These Terms of Service and any dispute arising out of or related to them shall be governed by and construed in accordance with the laws of the State of Utah, United States, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded from application to these terms.

Subject to the dispute resolution provisions in Section 13, any legal action or proceeding arising under these terms shall be brought exclusively in the federal or state courts located in Salt Lake County, Utah, and the parties hereby irrevocably consent to the personal jurisdiction and venue of those courts.

13 Dispute Resolution

Gookas, LLC values its client relationships and prefers to resolve disputes informally and efficiently. Before initiating any formal legal proceeding, you agree to first contact us directly at gookas.dev@gookas.mom and attempt to resolve the dispute through good-faith negotiation for a period of at least sixty calendar days.

If negotiation does not resolve the dispute, the parties agree to submit the matter to binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules, with the arbitration to be held in Salt Lake City, Utah. The arbitration shall be conducted by a single arbitrator mutually agreed upon by the parties. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm, including but not limited to infringement or misappropriation of intellectual property rights. The prevailing party in any arbitration or court proceeding shall be entitled to recover its reasonable attorneys' fees and costs from the other party.

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration against Gookas, LLC.

14 Changes to These Terms

Gookas, LLC reserves the right to modify or replace these Terms of Service at any time at its sole discretion. When material changes are made, we will post a prominent notice on our website at least thirty calendar days before the changes take effect and update the effective date at the top of this page. For non-material changes, we will update the terms and revise the effective date without separate notification.

Your continued use of our website or services after the effective date of any modification constitutes your acceptance of the revised terms. If you do not agree to the new terms, you must discontinue use of our website and services. For clients with active service agreements, changes to these general website terms will not retroactively alter the terms of any previously executed service agreement.

15 General Provisions

Entire Agreement. These Terms of Service, together with our Privacy Policy and any applicable service agreement, constitute the entire agreement between you and Gookas, LLC regarding the subject matter hereof and supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written.

Severability. If any provision of these terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that these terms shall otherwise remain in full force and effect and enforceable.

Waiver. The failure of Gookas, LLC to enforce any right or provision of these terms shall not be deemed a waiver of such right or provision. Any waiver of any provision of these terms will be effective only if in writing and signed by an authorized representative of Gookas, LLC.

Assignment. You may not assign or transfer these terms, or any rights or obligations hereunder, without the prior written consent of Gookas, LLC. Gookas, LLC may assign or transfer these terms without restriction, including in connection with a merger, acquisition, or sale of assets.

Force Majeure. Gookas, LLC shall not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, earthquakes, accidents, strikes, epidemics, or failures of telecommunications networks, power grids, or internet infrastructure.

Relationship of the Parties. Nothing in these terms creates a partnership, joint venture, agency, or employment relationship between you and Gookas, LLC. You have no authority to bind Gookas, LLC in any respect. Gookas, LLC performs services as an independent contractor.

C Contact Information

For questions about these Terms of Service, please contact us:

• Email: gookas.dev@gookas.mom
• Postal Mail: Gookas, LLC, 7760 S Plum Creek Ln, Cottonwood Heights, UT 84093-6268, United States
• Phone: +1 (769) 759-3163
• Website: www.gookas.mom