Terms of Service

1. Definitions

• "Commly", "we", "us", "our": Refers to the provider of the Service.
• "User", "you", "your": Refers to any individual or legal entity that accesses or uses the Service.
• "Content": Means any text, graphics, images, audio, video, or other materials uploaded, submitted, or otherwise provided through the Service.
• "Service": Includes our website, applications, and any other services provided by Commly.
• "Account": A unique personal profile created by a User to access certain features of the Service.

2. Acceptance of Terms

3. Modifications to Terms

4. Eligibility

5. Account Registration and Security

• Registration: To access certain features of the Service, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process.
• Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use or security breach.
• Account Termination: We reserve the right to suspend or terminate your account at our sole discretion, particularly if you breach these Terms.

6. Use of the Service

7. User Content and Acceptable Use

• Ownership: You retain ownership of any content you provide through the Service.
• License Grant: By submitting content, you grant Commly a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, display, and distribute such content solely for the purpose of providing and improving the Service.
• Content Standards: Your content will not violate any applicable law or regulation, infringe any intellectual property rights, or contain defamatory, obscene, or offensive material.
• Content Removal: Commly reserves the right, but is not obligated, to remove or refuse to display any content that violates these Terms or that we determine to be harmful or objectionable.

8. Intellectual Property Rights

• Ownership: All intellectual property rights in the Service, including all content, design, and technology, are owned by Commly or its licensors.
• License: We grant you a limited, non-transferable, non-exclusive license to access and use the Service for personal, non-commercial purposes, subject to these Terms.
• Restrictions: You shall not reproduce, modify, create derivative works from, or redistribute any part of the Service without our express written consent.

9. Payment and Billing (If Applicable)

• Paid Features: Some features of the Service may require payment. By subscribing to a paid plan, you agree to provide accurate billing information and authorize Commly to charge the applicable fees.
• Billing Cycle: Payments are billed in advance on a recurring basis (e.g., monthly or annually) unless otherwise specified.
• Refunds: Fees paid are non-refundable except where required by law or expressly stated in these Terms.
• Price Changes: We may adjust pricing from time to time; however, any such changes will not affect your current subscription period, and you will be notified of upcoming changes in advance.

10. Privacy and Data Protection

11. Third-Party Links and Services

• Links: Our Service may contain links to third-party websites or services that are not under our control. We are not responsible for the content, privacy policies, or practices of any third parties.
• Third-Party Services: Use of any third-party services is governed by their respective terms and conditions. Your interactions with these services are solely between you and the third party.

12. Disclaimers of Warranties

• As-Is Basis: The Service is provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied.
• No Warranty: Commly disclaims all warranties, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
• Service Availability: We do not guarantee that the Service will be uninterrupted, error-free, or secure, and we will not be liable for any delays or failures in performance.

13. Limitation of Liability

• Exclusion of Damages: In no event shall Commly, its affiliates, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the Service.
• Cap on Liability: Our total liability to you for any claims arising out of or relating to these Terms or the Service shall not exceed the total fees paid by you to Commly in the twelve (12) months preceding the claim, except in cases of gross negligence or willful misconduct.

14. Indemnification

15. Termination

• Termination by You: You may terminate your account at any time by discontinuing use of the Service and following the termination procedures provided.
• Termination by Commly: We reserve the right to suspend or terminate your access to the Service immediately, with or without notice, if you violate these Terms or for any other reason at our sole discretion.
• Effect of Termination: Upon termination, your right to use the Service will cease immediately, and you must promptly delete all materials obtained from the Service. Any obligations incurred prior to termination will survive.

16. Governing Law and Jurisdiction

17. Dispute Resolution

• Negotiation: In the event of any dispute, the parties agree to first attempt to resolve the dispute amicably through informal negotiations.
• Mediation/Arbitration: If a resolution cannot be reached, the dispute may be submitted to mediation or binding arbitration as mutually agreed upon by the parties before any legal proceedings.
• Legal Proceedings: Nothing in these Terms shall prevent either party from seeking injunctive or equitable relief in a court of competent jurisdiction if necessary.

18. Force Majeure

19. Severability

20. Entire Agreement

21. Contact Information