COMPELL’D®
TERMS OF USE

 

The application downloadable from the Apple store is provided by Compelld Inc. (“we”, “us, or “our”) under the trademark application “Compell’d®” (the “Application”).  At Compell’d®, we want to seamlessly enable people to lead a more fulfilled life by providing an all-in-one solution designed to help you easily discover, remember, share and (actually) do what interests you. 

BINDING AGREEMENT

IMPORTANT NOTICE: THESE TERMS OF USE ARE SUBJECT TO BINDING ARBITRATION—SEE THE CONCLUDING PARAGRAPH UNDER “GENERAL.” 

These Terms of Service (“Terms”) govern your access to and use of the Application and Services made available through the Application and any information, text, links, graphics, photos, or other materials uploaded, downloaded, automatically collected, or appearing within the Application (collectively referred to as the “Content”).  By registering for an Account and using the Application, you agree to be bound by these Terms and by our Privacy Policy available at www.compelld.com/privacy/. To use the Application, you represent and warrant that you are at least thirteen (13) years of age and not otherwise classified as a minor child under applicable law.  If you are accepting these Terms and using the Application and its Services on behalf of a company, organization, government or other legal entity, you represent and warrant that you are authorized to do so.

PRIVACY POLICY

Our Privacy Policy (www.compelld.com/privacy/) describes how we handle the information we collect (“Information”) and Content you provide to us when you use our Application.  You understand that through your use of the Application, you consent to the collection and use (as set forth in the Privacy Policy) of this Information and Content, including the transfer of the Information and Content to the Compell’d® for storage, processing and use by us. “Processing” means the collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure, dissemination alignment or combination, restriction, erasure or destruction of information or Content, including by automated means, and through cookies deployed to a mobile device. 

CONTENT ON THE APPLICATION

You are responsible for your use of the Application, related Services and for any Information and Content you provide, including compliance with applicable laws, rules, and regulations. You should only provide Information and Content that you are comfortable saving within the Application and, if you so choose, sharing with others. The Application permits you to create lists and other Content, which others may use, copy, modify, and save as their own Content. As part of these Terms, you consent to the use, copying, modification, renaming and further sharing of your lists and other Content.

Any use or reliance on any Content or materials posted via the Application or obtained by you through the Application is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Application or endorse any opinions expressed therein. All Content is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Application and we cannot take responsibility for such Content.

We respect the intellectual property rights of others and expect users of the Application to do the same. We reserve the right to remove Content alleged to be infringing, obscene, illegal or otherwise offensive, without prior notice, at our sole discretion, and without liability to you. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please report this by contacting our designated copyright agent at support@compelld.com.

By using the Application and registering your email address, you hereby acknowledge and agree that we are permitted to use and process your email address to send you email messages regarding service outages or other pertinent details directly related to the Compell’d® Application and services. 

You may not engage in any commercial activities, advertise and/or provide links to where commercial activities are present through your usage of the Application.

HOW DO WE USE THIS INFORMATION?

The Application relies on data from third-party services that are accessed through their open APIs. This provides functionality in order for Compell’d® to provide a valuable user experience.  At present, these services include Google Places, Google Maps, as well as services that monitor usage and permit users to manage location data and push notifications.   We also use Information as set forth in our Privacy Policy.

YOUR RIGHTS

You retain your rights to any Content you submit, post or display on or through the Application and its Services. What’s yours is yours—you own your Content (and your photos videos are part of the Content).

By submitting, posting or displaying Content on or through the Application, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed). This license authorizes us to make your public Content available to the rest of the world and to let others do the same. You agree that this license includes the right for Compell’d® to improve the Services and to make the Information and Content submitted to or through the Services available to other companies, organizations or individuals for the purpose of obtaining promotional deals or advertising. Such additional uses by Compell’d®, or other companies, organizations or individuals, may be made with no compensation paid to you with respect to the Information and Content that you submit, post, transmit or otherwise make available through the Application.

YOUR LICENSE TO USE THE SERVICES

We give you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Application. This license has the sole purpose of enabling you to use and enjoy the benefit of the Application as we provide it and in the manner permitted by these Terms.

The Application and its Services are protected by copyright, trademark, and other laws of the United States. Nothing in the Terms gives you a right to use the Compell’d® name or any of the Compell’d® trademarks, logos, domain names, and other distinctive brand features. All rights, title, and interest in and to the Application and its Services (excluding Content provided by users) are and will remain the exclusive property of Compell’d®. Any feedback, comments, or suggestions you may provide regarding Compell’d® or its Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

ENDING THESE TERMS

You may end your legal agreement with us at any time by deactivating your account and discontinuing your use of the Application and deleting it from your mobile device.

We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; (iii) your account should be removed due to prolonged inactivity; or (iv) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account, depending on the circumstances. In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following section, “Disclaimers and Limitations of Liability,” shall continue to apply. 

DISCLAIMERS AND LIMITATIONS OF LIABILITY

Your access to and use of the Application or any Content are at your own risk. You understand and agree that the Application and Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. (For purposes of this Section, “we” and “us” refers to Compelld Inc., and its shareholders, officers, employees, and contractors, and the application, Compell’d®.) 

ALTHOUGH COMPELL’D® USES SSL-SECURE SOCKET LAYER ENCRYPTION, WE DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR THE SECURITY OF YOUR INTERNET CONNECTION, AND/OR DATA STORED ON YOUR MOBILE DEVICE AND/OR ITS INTERFACING WITH THE APPLICATION.  

Without limiting the foregoing, to the maximum extent permitted under applicable law, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Application, its Services or any Content; (ii) any harm to your mobile device, loss of data, or other harm that results from your access to or use of the Application, Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Application or its Services; and (iv) whether the Application and its Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from us or through the Application and its Services, will create any warranty or representation not expressly made herein.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00). THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. 

GENERAL   PLEASE READ THIS SECTION CAREFULLY—IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

We may revise these Terms from time to time.  In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

The laws in the State of New York, United States of America, will govern these Terms (excluding its choice of law provisions), and any dispute that arises between you and us. 

Any dispute, claim, or controversy arising out of or in connection with your access to, and/or use of the Website or the Application, the interpretation or implementation of these Terms or the Privacy Policy shall  be resolved through binding arbitration to be held in the City of New York, New York. Notwithstanding the foregoing, disputes, claims or controversies concerning patents, copyrights, trademarks, and trade secrets shall not be subject to arbitration. The arbitration shall be conducted by a single arbitrator, governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms and administered by the AAA. Each party is responsible for all its own costs (including attorneys’ fees) in the arbitration, including any action in a state or federal court in New York, New York to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.  The decision of the arbitrator will be in writing and binding and conclusive on Compelld Inc. and you, and judgment to enforce the decision may be entered by any court of competent jurisdiction. The arbitrator must follow these Terms, including the limitations on damages. You understand that, absent this mandatory arbitration provision, Compelld Inc. and you would have the right to sue in court and have a jury trial.

 

 

VERSION EFFECTIVE DATE:  December  1, 2019