Comm100 End User License Agreement (EULA)
WHEN APPLYING FOR OR USING COMM100 HOSTED PRODUCTS OR APPLICATIONS, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS (THE “AGREEMENT”) GOVERNING YOUR USE OF COMM100 HOSTED ONLINE SERVICE, INCLUDING OFFLINE COMPONENTS (COLLECTIVELY, THE “SERVICE”). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT APPLY FOR OR USE THE SERVICE.
- Welcome to Comm100 hosted Service. We offer Hosted service of Comm100 Live Chat, Comm100 Email Marketing, Comm100 Forum, Comm100 Knowledge Base, Comm100 Ticket, Comm100 Help Desk and other upcoming services. We are committed to providing your business with the highest possible reliability, security and performance to simplify your IT infrastructure, increase your operating efficiency, promote your sales and improve your customer satisfaction.
License Grant & Restrictions
- Comm100 hereby grants you a non-exclusive, non-transferable, worldwide right to use the Service, solely for your own internal business purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by Comm100 and its licensors.
- You may not access the Service if you are a direct competitor of Comm100, except with Comm100’s prior written consent. In addition, you may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service in any way without Comm100’s prior approval; or (ii) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service. User licenses cannot be shared or used by more than one individual User but may be reassigned from time to time to new Users who are replacing former Users who have terminated employment or otherwise changed job status or function and no longer use the Service.
- Comm100 reserves the right to terminate this Agreement at any time if Comm100 determines, in its sole discretion, that your site or activities are unsuitable for the Service. “Unsuitable” sites or activities may include, without limitation, those sites that Comm100 believes:
- Display or promote infringing, obscene, indecent, pornographic or sexually explicit activities;
- Promote abusive, threatening, hateful, harmful, harassing, libelous or violent behavior;
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
- Promote illegal activities or fail to comply with applicable law;
- Violate the intellectual property rights of third parties;
- Have the potential to interfere with the use, enjoyment, deployment or operation of the Service by other users;
- Attempt to gain unauthorized access to the Service or its related systems or networks.
- You are responsible for all activity occurring under your User accounts and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data. You shall: (i) notify Comm100 immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) not impersonate another Comm100 Hosted Service user or provide false identity information to gain access to or use the Service.
Account Information and Data
- Comm100 does not own any data, information or material that you submit to the Service in the course of using the Service. You, not Comm100, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data. Comm100 is committed to protecting the integrity and security of your data but Comm100 shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data. Comm100 reserves the right to withhold, remove and/or discard Customer Data for any material breach of this Agreement, including but not limited to failure to pay outstanding fees. Upon termination for cause, your right to access or use Customer Data immediately ceases, and Comm100 shall have no obligation to maintain or forward any Customer Data.
- The save time of Customer Data (including chat transcripts, offline messages, newsletters and tickets) depends on the product or plan you are using. For free users, Comm100 keeps the Customer Data for 6 months; For paid Live Chat Express edition users, Comm100 keeps the Customer Data for 18 months; For paid Live Chat Team edition users, Comm100 keeps the Customer Data for 24 months; For paid Live Chat Business or Business with MaximumOn edition users, Comm100 keeps the Customer Data for 30 months; For paid Live Chat Enterprise edition users, Comm100 keeps the Customer Data for 36 months; For paid Email Marketing or Ticket users, Comm100 keeps the Customer Data for 24 months.
Intellectual Property Ownership
- Comm100 alone (and its licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to the Comm100 Hosted Service Technology, the Content and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, the Technology or the Intellectual Property Rights owned by Comm100. The Comm100 name and logo, the name and logo of Comm100 products, including Comm100 Live Chat, Comm100 Forum, Comm100 Email Marketing, Comm100 Knowledge Base, Comm100 Help Desk, Comm100 Customer Intelligence, Comm100 User & Contact, are trademarks of Comm100, and no right or license is granted to use them.
Fee & Payment
- You agree to pay the amount as listed in the order form. The billing period is 1 month / 1 year or otherwise mutually agreed. Your account will be billed at the beginning of each billing period. Comm100 reserves the right to modify its fees and charges and to introduce new charges at any time, upon at least 30 days prior notice to you via email or on Comm100’s website.
- Comm100 do not offer refunds on already processed payments for unused time of service or plan downgrades.
- Any breach of your payment obligations or unauthorized use of Comm100 Hosted Service will be deemed a material breach of this Agreement. Comm100 may terminate your password, account or use of the Service if you breach or otherwise fail to comply with this Agreement. Comm100 reserves the right of not providing the Service to you in Comm100’s sole discretion.
Representations & Warranties
- Each party represents and warrants that it has the legal power and authority to enter into this Agreement. Comm100 represents and warrants that it will provide the Service in a manner consistent with general industry standards reasonably applicable to the provision thereof. You represent and warrant that you have not falsely identified yourself nor provided any false information to gain access to the Service and that your billing information is correct.
Disclaimer of Warranties
- COMM100 AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. COMM100 AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY COMM100 AND ITS LICENSORS.
Limitation of Liability
- IN NO EVENT SHALL COMM100’S AGGREGATE LIABILITY EXCEED US $1.00 (ONE US DOLLAR). IN NO EVENT SHALL EITHER PARTY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY’S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Changes to the Service
- Comm100 may change the service or delete or add features at any time and for any reason.
Modification to Terms
- Comm100 reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service at any time, effective upon posting of an updated version of this Agreement on the Comm100 web site. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.
- This agreement is governed by the laws of the British Columbia, Canada. Any disputes pertaining to this agreement requiring judicial action will only take place in the Province of British Columbia, Canada.