Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") govern your access to and use of the CompEcho platform and website (the "Service"). Please read these Terms carefully before using our Service.

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Service.

These Terms apply to all visitors, users, and others who access or use the Service. By accessing or using any part of the Service, you agree to be bound by these Terms. If you do not agree to all the Terms, then you may not access or use the Service.

2. Definitions

The following definitions apply to these Terms:

• "Account": means the account created by you to access and use the Service.
• "CompEcho", "we", "us", or "our": refers to CompEcho, Inc., the company that owns and operates the Service.
• "Content": means any information, data, text, software, music, sound, photographs, graphics, videos, messages, tags, or other materials that users submit, upload, post, display, or otherwise make available through the Service.
• "Documentation": means the user guides, online help, release notes, training materials and other documentation provided or made available by us to you regarding the use or operation of the Service.
• "Intellectual Property Rights": means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
• "Order Form": means any service order form or statement of work executed by the parties referencing these Terms and specifying the subscription information for the Service including details on any implementation services, subscription charges, payment information, and subscription term.
• "Personal Data": means any information relating to an identified or identifiable natural person.
• "Service": means the CompEcho platform, website, and all services provided by CompEcho to you.
• "Service Data": means all electronic data, text, messages, or other materials submitted to the Service by you in connection with your use of the Service.
• "Subscription Term": means the period during which you have agreed to subscribe to the Service.
• "User": means an individual who is authorized by you to use the Service, for whom you have purchased a subscription, and to whom you have supplied a user identification and password.
• "You" or "your": refers to the individual or entity that has agreed to these Terms.

3. Intellectual Property Rights

The Service and its original content, features, and functionality are and will remain the exclusive property of CompEcho and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of CompEcho.

You acknowledge that all intellectual property rights, including without limitation, copyright, trademark, trade secret, and patent rights in the Service and its content are owned by us or our suppliers. Neither these Terms nor your access to the Service transfers to you any rights, title or interest in or to such intellectual property rights.

3.1 Your Content

When you upload, submit, store, send or receive content to or through our Service, you give CompEcho a worldwide license to host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Service, and to develop new ones.

You represent and warrant that you own or have the necessary rights to grant us the license to use any content that you submit to the Service. You also represent and warrant that such content does not violate the law or infringe the rights of any third party.

4. User Accounts

When you create an account with us, you must provide accurate, complete, and current information at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

5. User Responsibilities

You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must use reasonable efforts to prevent unauthorized use of your account, and must promptly notify CompEcho of any such unauthorized use.

You may not use the Service to store or transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.

You may not use the Service to store or transmit software viruses, worms, time bombs, Trojan horses, or any other harmful or malicious code, files, scripts, agents, or programs.

You may not interfere with or disrupt the integrity or performance of the Service or third-party data contained therein.

You may not attempt to gain unauthorized access to the Service or its related systems or networks.

6. Payment Terms

Some features of the Service may require payment of fees. You agree to pay all fees in accordance with the fees, charges, and billing terms in effect at the time a fee is due and payable.

You must provide us with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) or other payment method information as a condition to signing up for the paid features of the Service.

Your payment provider agreement governs your use of the designated credit card or other payment method, and you must refer to that agreement and not these Terms to determine your rights and liabilities.

By providing CompEcho with your credit card or other payment method information and associated payment information, you authorize us to charge your credit card or other payment method for all fees incurred by you.

We reserve the right to modify our fees at any time upon thirty (30) days' prior written notice. If you do not agree to the fee changes, you have the right to reject the change by canceling your account before the fee change takes effect.

7. Free Trial

We may, at our sole discretion, offer a free trial of our Service for a limited period of time. You may be required to enter your payment information to sign up for the free trial.

If you do enter your payment information when signing up for a free trial, you will not be charged by CompEcho until the free trial has expired. On the last day of the free trial period, unless you canceled your subscription, you will be automatically charged the applicable subscription fee for the type of subscription you have selected.

At any time and without notice, CompEcho reserves the right to (i) modify the terms and conditions of the free trial offer, or (ii) cancel such free trial offer.

8. Cancellation and Termination

You may cancel your account at any time by contacting us at support@compecho.com. Upon cancellation, your right to use the Service will immediately cease.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease.

9. Prohibited Activities

You may not access or use the Service for any purpose other than that for which we make the Service available. The Service may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Service, you agree not to:

• Systematically retrieve data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Make any unauthorized use of the Service, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
• Use the Service to advertise or offer to sell goods and services.
• Circumvent, disable, or otherwise interfere with security-related features of the Service, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Service and/or the content contained therein.
• Engage in unauthorized framing of or linking to the Service.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service.
• Attempt to impersonate another user or person or use the username of another user.
• Use any information obtained from the Service in order to harass, abuse, or harm another person.
• Use the Service as part of any effort to compete with us or otherwise use the Service and/or the content for any revenue-generating endeavor or commercial enterprise.
• Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Service.
• Attempt to bypass any measures of the Service designed to prevent or restrict access to the Service, or any portion of the Service.
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Service to you.
• Delete the copyright or other proprietary rights notice from any content.
• Copy or adapt the Service's software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Service or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Service.
• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
• Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Service, or using or launching any unauthorized script or other software.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Service.
• Use the Service in a manner inconsistent with any applicable laws or regulations.

10. Third-Party Links and Content

Our Service may contain links to third-party websites or services that are not owned or controlled by CompEcho.

CompEcho has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that CompEcho shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPECHO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

COMPECHO MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

12. Limitation of Liability

IN NO EVENT SHALL COMPECHO, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT COMPECHO SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

13. Indemnification

You agree to defend, indemnify, and hold harmless CompEcho, 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 term 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 your content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Service.

14. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

15. Data Protection and Privacy

CompEcho is committed to protecting your privacy and handling your data in an open and transparent manner. The privacy and security of your Personal Data is important to us.

15.1 Data Processing

When you use our Service, we may collect and process certain Personal Data from you. We process your Personal Data in accordance with our Privacy Policy, which is incorporated by reference into these Terms. By using the Service, you consent to such processing and you represent that all Personal Data provided by you is accurate.

15.2 Data Security

We implement appropriate technical and organizational measures to protect Personal Data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Personal Data. These measures include:

• Encryption of Personal Data during transmission and at rest
• Regular testing and evaluation of the effectiveness of security measures
• Access controls and authentication procedures
• Regular security assessments and vulnerability testing
• Employee training on data protection and security practices

However, no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

15.3 Data Retention

We retain your Personal Data only for as long as necessary to fulfill the purposes for which it was collected, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for Personal Data, we consider the amount, nature, and sensitivity of the Personal Data, the potential risk of harm from unauthorized use or disclosure, the purposes for which we process the data, and applicable legal requirements.

15.4 Your Data Protection Rights

Depending on your location and applicable laws, you may have the following rights regarding your Personal Data:

• Right to Access: You have the right to request information about the Personal Data we hold about you and to receive a copy of your Personal Data.
• Right to Rectification: You have the right to request the correction of inaccurate Personal Data or to complete incomplete Personal Data.
• Right to Erasure: You have the right to request the deletion of your Personal Data in certain circumstances.
• Right to Restrict Processing: You have the right to request the restriction of processing of your Personal Data in certain circumstances.
• Right to Data Portability: You have the right to receive your Personal Data in a structured, commonly used, and machine-readable format and to transmit that data to another controller.
• Right to Object: You have the right to object to the processing of your Personal Data in certain circumstances.
• Right to Withdraw Consent: Where processing is based on consent, you have the right to withdraw your consent at any time.

To exercise any of these rights, please contact us using the contact information provided in the "Contact Us" section.

15.5 International Data Transfers

Your Personal Data may be transferred to, and processed in, countries other than the country in which you are resident. These countries may have data protection laws that are different from the laws of your country. By using our Service, you consent to the transfer of your Personal Data to countries outside your country of residence, including the United States, where our primary servers are located.

We have implemented appropriate safeguards to ensure that your Personal Data remains protected in accordance with applicable data protection laws when transferred internationally.

15.6 Data Breach Notification

In the event of a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Personal Data, we will take appropriate measures to address the breach, including, where appropriate, notifying you and/or the relevant data protection authorities.

16. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

17. Contact Us

If you have any questions about these Terms, please contact us:

• By email: legal@compecho.com