Terms of Service

Last Updated: 06.08.26 · Version 1.2

1. Introduction and Applicability

These Terms of Service (“Terms”) constitute a legally binding agreement between Vighnahara BV (“we,” “us,” or “Provider”), a company registered with the Dutch Chamber of Commerce under number 69967717, and you (“User” or “Client”), the entity or individual accessing our SaaS platform.

By creating an account, connecting your data sources, or using our services, you agree to be bound by these Terms. If you do not agree, you must not use the service.

2. Description of Service

Vighnahara BV provides a web-based Business Intelligence (BI) platform called GoGotama that aggregates data from third-party e-commerce, marketing, and payment tools (such as Shopify, Meta and Google) to provide automated metrics and dashboards (the “Service”).

3. Account Registration and Security

Eligibility: You represent that you are operating a legitimate business and have the authority to bind that business to these Terms.
Credentials: You are responsible for maintaining the confidentiality of your login credentials. We use Supabase to manage authentication and store credentials securely (hashed). You agree to notify us immediately of any unauthorized use of your account.
OAuth Connections: Our service relies on OAuth connections facilitated by Nango and other integration providers. You are responsible for granting and maintaining valid permissions for these third-party tools.

4. Third-Party Integrations and Dependencies

This is a critical limitation of our Service.

Dependency: Our Service depends entirely on the availability and API functionality of third-party platforms (e.g., Shopify, Meta, Google Ads).
No Control: We do not control these third-party platforms. If a platform changes its API, revokes access, experiences downtime, or alters its data definitions, our Service may be disrupted or data may be temporarily inaccurate.
Disclaimer: Vighnahara BV is not liable for any service interruptions, data gaps, or errors caused by the failure, restriction, or modification of these third-party APIs.

5. Data Ownership and Usage

5.1 Client Data Ownership

You retain full ownership of all raw data and content imported from your connected platforms (“Client Data”). We do not claim ownership of your specific orders, customer lists, or transaction details.

5.2 License to Process

You grant Vighnahara BV a non-exclusive, worldwide, royalty-free license to collect, transfer, store, and process your Client Data for the purpose of:

Providing the Service and generating your specific business intelligence dashboards.
Detecting and preventing fraud or security breaches.
Creating Aggregated Statistical Data (as defined in 5.3).

5.3 Aggregated Statistical Data & Benchmarks

You acknowledge and agree that Vighnahara BV may monitor your use of the Service and use your Client Data to generate Aggregated Statistical Data.

Definition: “Aggregated Statistical Data” means data that has been combined, anonymized, and aggregated with data from other users such that it cannot reasonably be used to identify you, your business, or your individual end-customers (e.g., “Average Industry Order Value” or “Market-wide Conversion Rates”).
Ownership: Vighnahara BV shall own all right, title, and interest in and to this Aggregated Statistical Data.
Usage: We may use this data freely to develop market benchmarks, improve our algorithms, train our models, and publish industry reports, provided that such use never reveals your specific business identity or confidential performance metrics.

5.4 Data Retention

We retain your underlying source data (granular Client Data) for no longer than 12 months, after which it is deleted. The one exception is where you expressly elect a longer retention period to support a service you have specifically requested; in that case we retain only the data reasonably necessary for that service, and only for as long as you maintain that election. Withdrawing the election, or the ending of the service it supports, returns the affected data to the standard 12-month schedule for deletion.

Aggregated Statistical Data (as defined in 5.3) does not reconstitute your underlying source data and may be retained by Vighnahara BV indefinitely for the purpose of long-term trend analysis and benchmarking.

Uninstalling overrides any election. If you uninstall the Shopify app, any active retention election terminates automatically and your granular Client Data is scheduled for permanent deletion under Section 10, regardless of that election.

5.5 No Sale of Client Data

Our commitment never to sell, rent, or trade your data to third parties is absolute and permanent. We do not sell, rent, or trade Client Data, and we do not disclose it for cross-context behavioural advertising. This commitment is not time-limited and is not conditional on your plan, your tenure, or your continued use of the Service.

5.6 Merchant-Directed Disclosures

Separately from the commitment in 5.5, and only where you expressly instruct us to do so, we may transmit specified data about your own business — for example, verified margin or performance summaries — to a third party you designate. Any such disclosure:

occurs solely at your direction, and is limited to the data and the recipient you authorize;
requires a distinct opt-in that is never bundled with your acceptance of these Terms or with your use of the core product;
may be withdrawn by you at any time as to future disclosures; and
is limited to your own business records and to metrics derived from them. It never includes personal data relating to your end-customers.

Acting on your explicit instruction to share your own data with a party you select is not a sale of data and does not qualify the commitment in 5.5.

5.7 Financial Determinations

GoGotama does not make lending, credit, insurance, employment, or other eligibility decisions, and does not act as a consumer reporting agency. Where you choose to share information with a third party for such purposes under 5.6, that third party is solely responsible for its own decision and its own compliance.

6. Acceptable Use

You agree not to:

Reverse engineer, decompile, or disassemble the source code of the Service (including our Python transformation logic).
Use the Service to store or process illegal content.
Attempt to bypass our security measures, including Row Level Security (RLS) or Role-Based Access Control (RBAC).

7. Fees and Payment

Subscription: The Service is billed on a Monthly or Yearly basis.
Payment Processing: Payments are processed via our third-party provider. We do not store your credit card details.
Non-Refundable: Unless required by Dutch law, payments are non-refundable. You may cancel your subscription at any time, and access will continue until the end of the current billing cycle.

8. Limitation of Liability

To the maximum extent permitted by Dutch law:

“As Is” Basis: The Service is provided “as is” and “as available.” We make no warranties regarding the accuracy, completeness, or reliability of the business intelligence, charts, or metrics provided.
No Financial Advice: The insights provided by the Service are for informational purposes only. Vighnahara BV is not a financial advisor. We are not liable for any business decisions, financial losses, or missed opportunities resulting from your reliance on our data.
Liability Cap: In no event shall Vighnahara BV’s aggregate liability arising out of or related to these Terms exceed the total amount paid by you to us in the 12 months preceding the incident.
Exclusions: We are not liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill.

9. Intellectual Property

All intellectual property rights regarding the platform, including the interface, code, Python scripts, database schema, LLM prompts and branding, belong exclusively to Vighnahara BV.

Methodology and outputs distinguished. The methodology by which the Service derives metrics — including the calculation logic, models, prompts, thresholds, and benchmarks — is and remains the intellectual property of Vighnahara BV. The resulting metrics about your business are your business records; you may share them at your direction, including under Section 5.6. This distinction does not extend to Aggregated Statistical Data as defined in 5.3, which is owned by Vighnahara BV, is not specific to your business, and is not yours to share.

10. Termination

By You: You may stop using the Service at any time via your account settings in accordance with your plan.
By Us: We may terminate or suspend your access immediately, without prior notice, if you breach these Terms. Upon termination, your right to use the Service will cease immediately, and your data may be deleted according to our retention schedule.
Uninstalling the Shopify App: If you uninstall GoGotama from your Shopify admin, Shopify will notify us through its mandatory app-uninstall and shop/redact webhooks. Upon receipt of these webhooks, we will immediately revoke and invalidate the OAuth access tokens connecting your store, permanently halting all further data ingestion, and we will schedule your granular Client Data for permanent deletion in accordance with the retention and deletion schedule set out in Section 5.4 of these Terms and in our Privacy Policy. Uninstalling also terminates any longer-retention election you had made under Section 5.4 and any merchant-directed disclosure authorization you had given under Section 5.6, as to all future disclosures. Uninstalling the app does not place or leave any code, scripts, or tracking on your Shopify theme or storefront.

11. Governing Law and Dispute Resolution

11.1 Governing Law

These Terms, and any dispute or claim arising out of or in connection with them or their subject matter, shall be governed by and construed in accordance with the laws of The Netherlands, without regard to its conflict-of-law principles.

11.2 Binding Individual Arbitration

Except for the matters described in Section 11.4, any dispute, controversy, or claim arising out of or relating to these Terms or the Service — including any question regarding their existence, validity, breach, or termination — shall be finally and exclusively resolved by binding arbitration administered by the Netherlands Arbitration Institute (Nederlands Arbitrage Instituut, “NAI”) in accordance with the NAI Arbitration Rules in effect at the time the arbitration is commenced. The seat (legal place) of the arbitration shall be Amsterdam, The Netherlands; the proceedings shall be conducted before a single arbitrator; and the language of the arbitration shall be English unless both parties agree otherwise. This arbitration agreement applies to all users of the Service worldwide. By agreeing to these Terms, you and Vighnahara BV each knowingly and voluntarily waive the right to have any covered dispute decided by a court or before a jury.

11.3 Class Action Waiver

All disputes shall be resolved on an individual basis only. You and Vighnahara BV each agree that any claim will be brought solely in that party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, representative, or private attorney general proceeding. The arbitrator may not consolidate or join the claims of more than one party and may not preside over any form of class or representative proceeding. If, for any reason, this Class Action Waiver is held to be unenforceable with respect to a particular claim, that claim — and only that claim — shall be severed and brought exclusively before the competent courts of Amsterdam, The Netherlands, while all remaining claims shall continue to be resolved by arbitration.

11.4 Exceptions

Notwithstanding Section 11.2, either party may seek urgent interim, injunctive, or other equitable relief — including measures to protect intellectual property rights, confidential information, or the security and integrity of the Service — from the competent courts of Amsterdam, The Netherlands. Applying for such relief shall not constitute a waiver of that party’s right to require arbitration of any other dispute under this Section 11.