Terms of Use

These Terms of Use (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Gaugon (“Company,” “we,” “us,” or “our”), a business operating in the State of Florida, United States.

By accessing or using our website at gaugon.com, the client portal at app.gaugon.com, or any associated services, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must immediately discontinue use of our website and services.

These Terms govern use of our public website and general service inquiries only. Active client engagements are governed by a separate Master Services Agreement (MSA) or Statement of Work (SOW) executed between you and Gaugon. In the event of a conflict between these Terms and a signed client agreement, the signed client agreement controls.

2. Eligibility

You must be at least 18 years of age to use our website or engage our services. By using our website, you represent and warrant that you meet this requirement and have the legal authority to bind yourself or the organization on whose behalf you are acting.

3. Permitted Use

You may access and use our website for lawful informational and business purposes consistent with these Terms. You are expressly prohibited from:

• Using the website for any unlawful purpose or in violation of any applicable federal, state, or local law or regulation
• Attempting to gain unauthorized access to our systems, servers, databases, or any connected network
• Transmitting any code, virus, malware, or other harmful component
• Engaging in any conduct that interferes with, disrupts, or degrades the performance or functionality of the website or its underlying infrastructure
• Scraping, crawling, or using automated means to extract content from our website without express written authorization
• Impersonating any person or entity or misrepresenting your affiliation with any person or entity
• Submitting false, misleading, or fraudulent information through any contact form or communication channel

4. Intellectual Property

4.1 Ownership

All content on this website — including but not limited to text, graphics, logos, service descriptions, page layouts, code, and design elements — is the exclusive property of Gaugon or its licensors and is protected by United States copyright law (17 U.S.C. § 101 et seq.) and applicable trademark law.

4.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and view the content on this website for your own informational and business evaluation purposes. This license does not include the right to:

• Reproduce, distribute, or publicly display any content
• Modify, adapt, or create derivative works
• Use any content for commercial purposes without our express written consent
• Remove or obscure any proprietary notices

4.3 Client Deliverables

Intellectual property rights for custom automation solutions, software, scripts, integrations, or other deliverables developed under a client engagement are governed exclusively by the applicable MSA or SOW. Nothing in these Terms transfers or assigns any such rights.

5. Client Portal

Access to the client portal at app.gaugon.com is restricted to authorized users with valid credentials issued by Gaugon. You are responsible for:

• Maintaining the confidentiality of your login credentials
• All activity that occurs under your account
• Notifying us immediately at support@gaugon.com if you suspect unauthorized access to your account

We reserve the right to suspend or terminate portal access for any violation of these Terms or the applicable client agreement.

6. Disclaimers

6.1 Website Content

The information published on this website is provided for general informational purposes only. It does not constitute professional legal, financial, technical, or business advice. We make no representations or warranties of any kind, express or implied, regarding the accuracy, completeness, reliability, suitability, or availability of any information on this website.

6.2 Service Availability

We do not warrant that this website will be available uninterrupted, error-free, or free of viruses or other harmful components. We reserve the right to modify, suspend, or discontinue any portion of the website at any time without notice.

6.3 Third-Party Content

Our website may reference, link to, or integrate with third-party tools, platforms, or services. We make no warranties regarding third-party products or services and are not responsible for their content, availability, or practices. A link to a third-party resource does not constitute endorsement.

7. Limitation of Liability

To the fullest extent permitted by applicable law, Gaugon and its owners, officers, employees, contractors, and agents shall not be liable for:

• Any indirect, incidental, special, consequential, exemplary, or punitive damages
• Loss of profits, revenue, data, business, or goodwill
• Damages arising from your reliance on information published on this website
• Damages arising from unauthorized access to or alteration of your data, where such access was not caused by our gross negligence or willful misconduct
• Damages arising from the failure or unavailability of third-party tools or services referenced on this website

This limitation applies regardless of the legal theory asserted (tort, contract, strict liability, or otherwise) and even if we have been advised of the possibility of such damages.

Where liability cannot be excluded by law, our aggregate liability to you for any claim arising from these Terms or use of this website shall not exceed one hundred U.S. dollars (USD $100.00).

Nothing in this section limits liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation.

8. Indemnification

You agree to indemnify, defend, and hold harmless Gaugon and its owners, officers, employees, and contractors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the website in violation of these Terms
• Your violation of any applicable law or regulation
• Your infringement of any third-party intellectual property right
• Any misrepresentation made by you

9. Privacy

Your use of this website is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our website, you consent to the data practices described in the Privacy Policy.

10. Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be posted to this page with an updated “Last Updated” date. Your continued use of the website after any modification constitutes acceptance of the revised Terms. We recommend reviewing this page periodically.

For active clients under a signed MSA or SOW, changes to these Terms do not alter the terms of the executed client agreement.

11. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law provisions.

Any dispute arising from or related to these Terms or your use of our website shall be subject to the exclusive jurisdiction of the state and federal courts located in Florida. You consent to personal jurisdiction in such courts and waive any objection to venue.

Informal Resolution: Before initiating any legal proceeding, you agree to first contact us at support@gaugon.com to attempt informal resolution. We will engage in good faith to resolve any dispute within 30 days of notice.

12. Severability

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

13. Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Gaugon regarding your use of this website. They supersede all prior communications, representations, or agreements, whether written or oral, relating to the same subject matter. Active client engagements are separately governed by executed MSA or SOW documents.