TERMS OF USE

Last Update: April 12, 2023

1. ACCEPTANCE

By accessing the ComplyComs website and app (the “Service”), which is owned and operated by JJC Ventures LLC (“we,” “us,” or “our”), you agree to be bound by these Terms of Use (“Terms”). These Terms apply to all users of the Service, including registered representatives and other users who access the Service. By using the Service, you also acknowledge that you have read and agree to our Privacy Policy, which governs the collection, use, and disclosure of your personal information. If you do not agree to these Terms or our Privacy Policy, you must not access or use the Service.

2. VENUE DISCLAIMERS
   1. Description. ComplyComs Service allows users to send SMS/text messages and make and receive voice calls. The app sends a copy of each message to a designated email address for backup purposes. Users must confirm the Service meets their compliance needs, agree not to use it for spam or illegal messaging and indemnify us against any damages resulting from such usage. OUR SERVICE IS A NEUTRAL VENUE, CONNECTING USERS TO EACH OTHER. WE ARE NOT LIABLE FOR USERS’ COMMUNICATIONS, DATA, TRANSACTIONS, INTERACTIONS, OR INFORMATION, nor for the consequences of disclosing personal information to others. Our responsibility is limited to providing a platform for communication, without monitoring, controlling, or endorsing exchanged content.
   2. Marketing Messages. By using the Service, you grant us the permission to send you marketing messages, promotions, and other commercial communications (collectively, “Marketing Messages”) to you and your contacts, including those with whom you communicate through the app. You and your contacts may opt-out of receiving Marketing Messages at any time by following the unsubscribe instructions provided in each Marketing Message or by contacting us directly. By allowing us to send Marketing Messages to your contacts, you represent and warrant that you have obtained the necessary consent from your contacts to receive such messages on their behalf, and you agree to indemnify us against any damages, claims, or liabilities arising out of or related to the sending of Marketing Messages to your contacts in accordance with these Terms.
   3. Interactive Features. This Service includes interactive features that allow users to communicate with us and each other. You agree that, because of the limited nature of such communication, any guidance you may receive can be incomplete and may even be misleading. Therefore, any assistance you may receive using any our Service’s interactive features does not constitute specific advice and should not be relied upon without further competent independent confirmation.
   4. DRIVING. DO NOT USE THE SERVICE IN ANY MANNER THAT DISTRACTS YOU FROM DRIVING OR IS ILLEGAL (E.G., IN JURISDICTIONS THAT DO NOT ALLOW THE USE OF MOBILE DEVICES WHILE DRIVING). WE SHALL NOT BE LIABLE FOR YOUR COMPLIANCE WITH TRAFFIC LAWS.
   5. Third Parties. The Service contains references to third party websites and relies on third party services for support. We shall not be liable for any third party venues, professionals and cannot guarantee their performance. We do not monitor all content submitted to the Service. We shall not be liable for user submissions or any third party content on the Service.

2. INTELLECTUAL PROPERTY AND CONTENT
   1. Our Intellectual Property. All content, features, and functionality on the Service, including but not limited to text, graphics, logos, icons, images, audio clips, and software, is the exclusive property of us or our licensors and is protected by copyright, trademark, and other intellectual property laws. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable license to access and use the Service for your personal, non-commercial use. This license does not include any resale or commercial use of the Service or its contents or any use of robots, data mining, or similar data gathering and extraction tools. Any unauthorized use of the Service, including sending spam, violating any other provisions of these Terms, or engaging in any illegal or nefarious activities, terminates the permission or license granted by us.
   2. Your Content. You are solely responsible for any content that you create, transmit, or display while using the Service, including but not limited to text messages, voice calls, and any other user-generated content (collectively, “Your Content”). By using the Service, you represent and warrant that Your Content does not infringe upon the intellectual property rights, privacy rights, or any other rights of any third party. You retain ownership of Your Content, and you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform Your Content in connection with the Service and our business, including for promoting and redistributing part or all of the Service, in any media formats and through any media channels. You also grant other users of the Service a non-exclusive license to access Your Content through the Service and to use, reproduce, distribute, display, and perform Your Content as permitted through the functionality of the Service and under these Terms. The above licenses granted by you in Your Content are perpetual and irrevocable.
   3. Copyright Infringement. We take copyright infringement seriously. Report it to us if you see it on our Service and we will investigate. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, we will promptly investigate claims of copyright infringement committed using our Service if such claims are reported to _____@______.com. If you hold copyright or are authorized to act on behalf of the copyright holder, you can report alleged copyright infringements as follows:
3. Identify the copyrighted work that you claim has been infringed.
4. Identify the material or link you claim is infringing.

• Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.

1. Include both of the following statements in the body of your report:

• “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)”
• “I hereby state that the information in this report is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

1. Provide your full legal name and your electronic or physical signature.

3. REGISTRATION AND MEMBERSHIP
   1. Account Registration. To access certain features of the Service, you may be required to register for an account. You agree to provide accurate and complete information when registering for an account and to keep your information up to date. You are responsible for maintaining the confidentiality of your account credentials and for any activities that occur under your account.
   2. Membership Levels. In the future, we may offer various levels of membership with different features and benefits. If such membership levels are implemented, additional terms and conditions may apply. By registering for a membership level, you agree to comply with any additional terms and conditions associated with that membership level.
   3. Account Security. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this section. You may be held liable for losses incurred by us or any other user of the Service due to someone else using your account as a result of your failing to keep your account information secure and confidential.

4. SERVICE FEES AND PRICE CHANGES

We reserve the right to charge fees for the use of the Service or any of its features, at our sole discretion. We may change the fees or pricing structure at any time without prior notice. By continuing to use the Service after a fee or pricing change, you agree to pay the new fees or prices in accordance with the updated pricing structure.

5. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
   1. The Service is provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We make no warranty that the Service will be uninterrupted, secure, error-free, or that any information or content obtained through the Service will be accurate, reliable, or complete. We are not responsible for any loss or damage, including but not limited to loss of data or profits, resulting from your use of the Service, even if we have been advised of the possibility of such damages.
   2. We are not responsible for the failure of the Service, including the email backup feature, to function correctly or for any loss or damage resulting from such failure. We do not make any representations or warranties regarding data security or privacy and are not liable for any loss or damage resulting from any unauthorized access to, use, or disclosure of your data or content.
   3. We are not liable for indirect, special, incidental or consequential damages, including lost profits and property damage, even if we were advised of the possibility of such damages, nor shall we be held liable for delay or failure in performance resulting from causes beyond our reasonable control. In no event shall our total liability to you for all damages, losses and causes of action exceed the fees we received from you, if any.  Some jurisdictions do not allow the limitation of certain warranties, so the above limitations in this section may not apply to you
   4. You hereby understand and agree that for any dissatisfaction with the Service your sole and exclusive remedy is to cease using the Service.

6. COMPLIANCE

We do not represent or warrant that the Service will comply with your company’s rules, industry regulations, or any applicable laws. You are responsible for ensuring that your use of the Service meets your compliance needs and for obtaining any necessary approvals or permissions from your company or relevant regulatory authorities. You agree to indemnify us for any damages resulting from your failure to comply with any applicable laws, rules, or regulations.

7. NO REFUNDS

There are no refunds for any fees paid for the use of the Service. All payments for the Service are final and non-refundable. If you are dissatisfied with the Service, your sole remedy is to discontinue your use of the Service.

8. ACCEPTABLE USE POLICY

By accessing this Service, you represent and agree that:

1. You have a full capacity to enter into a legally binding agreement, such as these Terms.
2. You will not let others use your account, except as may be explicitly authorized by us. Everything that happens under your account is your responsibility. Registering duplicate accounts is not allowed.
3. If you make a submission, it shall be truthful and not misleading. We can terminate any account for writing untruthful reviews, comments or other content. We reserve the right to edit, reject or erase anything submitted to us without prior notice. You will not send spam, anything defamatory, vulgar, racist, abusive or hateful.
4. You will not use our Service in connection with any sexually explicit material, illegal drugs, promotion of alcohol to persons under 21 years of age, pirated computer programs, viruses or other harmful code, disclosure of anyone’s private information without consent, pyramid schemes, multilevel-marketing, “get rich quick” offerings, encouragement of violence.
5. You will ask for our permission before copying anything from our Service for republication.
6. You will not use our Service for anything illegal.
7. We reserve the right to terminate any account using our sole reasonable discretion and without notice or liability.
8. Bots, crawlers, indexers, web spiders, harvesters or any similar automatic processes are not allowed on our Service.
9. You will not impede the proper functioning of the Service.

9. CONFIDENTIALITY

You cannot use or disclose any confidential information relating to our business, users, operations and properties for any purpose without our express prior written authorization. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of our confidential information.

10. BREACH OF THESE TERMS

If any user violates these Terms or any law, we can, without limitation: (i) ban that user from the Service; (ii) disclose the user’s identity to authorities and assist in investigations; (iii) delete or moderate the user’s content; (iv) take any other action available under law.

11. INDEMNIFICATION

You agree to defend, indemnify and hold harmless us, our company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service; (ii) your violation of any provision of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your user submissions caused damage to a third party.

12. APPLE APP STORE

By downloading the Service from a device made by Apple, Inc. (“Apple”) or from Apple’s App Store, you specifically acknowledge and agree that:

1. Apple is not a party to these Terms. Apple is not responsible for the Service or the content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to the Service.
2. The license granted to you hereunder is limited to a personal, limited, non-exclusive, non-transferable right to install the Service on the Apple device(s) authorized by Apple that you own or control for personal, non-commercial use, subject to the Usage Rules set forth in Apple’s App Store Terms of Services.
3. In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Service, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service.
4. Apple is not responsible for addressing any claims by you or a third party relating to the Service or your possession or use of the Service, including without limitation (a) product liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
5. In the event of any third party claim that the Service or your possession and use of the Service infringes such third party’s intellectual property rights, Apple is not responsible for the investigation, defense, settlement or discharge of such intellectual property infringement claim.
6. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
7. Apple and its subsidiaries are third party beneficiaries of these Terms and upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary hereof.

13. GOOGLE PLAY

By downloading the Service from Google Play (or its successors) operated by Google, Inc. or one of its affiliates (“Google”), you specifically acknowledge and agree that:

1. to the extent of any conflict between (a) the Google Play Terms of Services and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and (b) the other terms and conditions in these Terms, the Google Play Terms shall apply with respect to your use of the Service that you download from Google Play, and
2. you hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by us or you (or any other user) under these Terms or the Google Play Terms.

14. ARBITRATION
    1. Any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
    2. The arbitration shall be governed by the laws of the State of New Jersey. The arbitration will be based on the submission of documents and there shall be no in-person or oral hearing. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. The parties agree that failure or refusal of a party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that party to present evidence or cross-examine witness. In such event, the other party shall be required to present evidence and legal argument as the arbitrator(s) may require for the making of an award. Such waiver shall not allow for a default judgment against the non-paying party in the absence of evidence presented as provided for above.

15. WAIVER OF CLASS ACTION AND CLASS ARBITRATION

By using the Service, you expressly waive any right to participate in, initiate, or join any class action lawsuit or representative action involving any claims, disputes, or controversies between you and the Service, whether arising from or relating to your use of the Service, your account, your relationship with the Service, or any other matter arising from or relating to the Terms or the Service (collectively, “Disputes”). Furthermore, you expressly waive any right to participate in, initiate, or join any class arbitration or consolidated arbitration involving any Disputes. You agree to resolve any Disputes solely on an individual basis through final and binding arbitration conducted in accordance with the applicable arbitration rules, as further described in the Terms. No arbitration or proceeding shall be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.

16. GENERAL
    1. Communications. You agree that we can communicate with you electronically, via SMS, push notifications, email or phone calls. All electronic communications shall have the same legal force as if they were in paper form. By allowing us access to your e-mail address, you agree that we may contact you using such contact information, for any matters relating to the Service (Service e-mails). These e-mails do not constitute “unsolicited commercial e-mail advertisements,” and you are not able to opt-out of receiving them. You may choose to stop receiving these promotional e-mails at any time by following the instructions contained in promotional e-mails.
    2. Relationship of the Parties. You and us are in an independent contractor relationship with respect to each other. That means that there is no partnership, joint venture, employer/employee or any similar arrangement.
    3. Force Majeure. We will not be liable for failure to perform any obligations to the extent that the failure is caused by a Force Majeure event such as, without limitation, act of God, riot, civil disturbances, acts of terrorism, fire, explosion, flood, epidemic, national mourning, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, acts or regulations of national or local governments.
    4. Hyperlinks. Linking to our Service is allowed, however, it must always be done in a way that does not adversely affect our business or implies some form of association when there is none.
    5. Titles. The section titles in the Terms are for convenience only and have no legal or contractual effect.
    6. Severability. If any part of these Terms is found to be unenforceable, then only that particular portion, and not the entire Terms, will be unenforceable.
    7. Assignment. We have the right, at our sole discretion, to assign or subcontract our rights or obligations outlined in these Terms.
    8. Waiver. Our failure to exercise any of our rights under these Terms shall not be considered a waiver to exercise them in other instances. No waiver shall be effective unless it is in writing signed by us.
    9. Prevailing Language. If there are any inconsistencies or conflicts between the English original of these Terms and any foreign language translation, the English version shall prevail.

17. CONTACT US

Please address your questions and feedback to:

contact@complycoms.com