This service is operated by Tungaloy Corporation. Following is Terms of Service by Tungaloy Corporation. Tungaloy International Community Site User Terms of Service Last Modified: January 1, 2024 Tungaloy Corporation (“Company,” “we,” or “us”), provides a customer success and community-building platform on a software as a service and platform as a service basis (collectively, the “Service”). The Service includes any content, functionality, and services offered on or through the Tungaloy International Community Site and such other channels (such as mobile applications) that we may make available from time to time. These terms of service are entered into by and between you and us. The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the “User Terms”), govern your access to and use of the Service, whether as a guest or a registered user. Please read these User Terms carefully before you use the Service. By using the Service, you accept and agree to be bound and abide by these User Terms and our Privacy Policy (https://tungaloy-international.commmune.com/view/settings/privacy_policy), incorporated herein by reference. If you do not want to agree to these User Terms or the Privacy Policy, you must not access or use the Service. The Service is offered and available to users who are 18 years of age or older. By using the Service, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Service. 1. Accessing the Service and Account Security We reserve the right to withdraw or amend the Service, and any service, content or other material we provide through the Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service. You are responsible for both: • At your own expense, making all arrangements necessary for you to have access to the Service. • Ensuring that all persons who access the Service through your internet connection are aware of these User Terms and comply with them. To access the Service or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Service that all the information you provide to or through the Service is correct, current, and complete. You agree that all information you provide to or through the Service, including, but not limited to, through the use of any interactive features on the Service, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. If you choose, or are provided with, a user name, password, API key or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Service or portions of it using your user name, password, API keys or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user name, password, API key or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these User Terms. If your account on the Service is created within or in connection with a Customer’s platform on the Service, your account and all data associated with it may be suspend, disabled or deleted if the Customer’s subscription (whether a paid, free or “freemium” subscription) to use the Service expires or is terminated. 2. Intellectual Property Rights Intellectual Property Rights in the Service The Service and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material. These User Terms permit you to use the Service for your personal, non-commercial use only, unless you are a Customer or Administrator representing a Customer, in which case you may use the Service for commercial purposes only to the extent permitted by the Company. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Service, except as reasonably necessary to access and use the Service in accordance with its features or as specifically permitted by the Company. You must not delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Service. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Service in breach of the User Terms, your right to use the Service will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Service or any content on the Service is transferred to you, and all rights not expressly granted under these User Terms are reserved by the Company. Any use of the Service not expressly permitted by these User Terms is a breach of these User Terms and may violate copyright, trademark, and other laws. Trademarks The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Service are the trademarks of their respective owners. 3. Prohibited Uses You may use the Service only for lawful purposes and in accordance with these User Terms. You agree not to use the Service: • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from Japan or other countries). • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise. • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out Section 6 of in these User Terms. • To transmit, or procure the sending of, any advertising, unsolicited communications, spam, or promotional material, except for promotional communications by Customers made pursuant to and in compliance with the built-in features of the Service. • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing). • To sublicense, resell or similarly exploit the Service or Services; • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm the Company or users of the Service, or expose them to liability. Additionally, you agree not to: • Use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Service, including their ability to engage in real time activities through the Service. • Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service. • Use any manual process to monitor or copy any of the material on the Service, or for any other purpose not expressly authorized in these User Terms, without our prior written consent. • Use any device, software, or routine that interferes with the proper working of the Service. • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful. • Attempt to gain unauthorized access to, reverse engineer, decompile, hack, interfere with, damage, or disrupt any parts of the Service, the servers on which the Service and any related data are stored, or any server, computer, or database connected to the Service. • Attack the Service via a denial-of-service attack or a distributed denial-of-service attack. • Otherwise attempt to interfere with the proper working of the Service. 4. User Contributions and Feedback User Contributions Generally The Service may contain Customer web pages, Customer or user profiles, chat features, knowledge databases, forums, user feedback forms, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users, Customers or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Service. All User Contributions must comply with Section 6 (Content Standards). Any User Contribution you post to the site may be shared with other users or publicly based on the features and functions of the Service. For example, if you send a direct message to another user or provide answers on a Customer’s feedback form, your direct message will be shared with that other user and your feedback will be sent to the applicable Customer. Accordingly, your User Contributions will be considered non-confidential and non-proprietary. By providing any User Contribution on the Service, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the perpetual right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose, without any obligation or compensation to any person. You represent and warrant that: • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns. • All of your User Contributions do and will comply with these User Terms. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you (and, if you are an Administrator of a Customer, that Customer), not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Service. Monitoring of User Contributions and Enforcement We have the right to: • Remove or refuse to post all or part of any User Contributions for any or no reason in our sole discretion. • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the User Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Service or the public, or could create liability for the Company. • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. • Take appropriate legal action, including without limitation, referral to law. enforcement, for any illegal or unauthorized use of the Service. • Terminate or suspend your access to all or part of the Service for any violation of these User Terms. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Service. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. We do not review material before it is posted on the Service and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. Feedback By submitting Feedback (as defined in Section 18) to us, you grant us an unlimited, irrevocable, worldwide, perpetual, sublicensable, transferable, royalty-free license to use any Feedback for any purpose without any obligation or compensation to any person. For clarity, we are not obligated to use any Feedback. 5. Copyright Infringement Reporting Claims of Copyright Infringement We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Service infringe your copyright, you may request removal of those materials (or access to them) from the Service by submitting written notification to our copyright agent designated below. • Your physical or electronic signature. • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Service, a representative list of such works. • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material. • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address). • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law. • A statement that the information in the written notice is accurate. • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Our designated copyright agent to receive notifications of claimed infringement is: Legal Team Tungaloy Corporation 11-1 Yoshima-Kogyodanchi, Iwaki, Fukushima, 970-1144 Japan Phone: +81-246-36-8501 https://tungaloy.com/contact/#contact-form-section Please be aware that if you knowingly materially misrepresent that material or activity on the Service is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees). Counter Notification Procedures If you believe that material you posted on the Service was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a “Counter Notice”) by submitting written notification to our copyright agent designated above. The Counter Notice must include substantially the following: • Your physical or electronic signature. • An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled. • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address). • A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled. • A statement that you will consent to the jurisdiction of the judicial district in which your address is located and that you will accept service from the person (or an agent of that person) who provided the Service with the complaint at issue. We are allowed to restore the removed content if the party filing the original notifications of claimed infringement does not file a court action against you within ten business days of receiving the copy of your Counter Notice. Please be aware that if you knowingly materially misrepresent that material or activity on the Service was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees). Repeat Infringers It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers. 6. Content Standards These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not: • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable. • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age. • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person. • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these User Terms and our Privacy Policy. • Be likely to deceive any person. • Promote any illegal activity, or advocate, promote, or assist any unlawful act. • Be likely to upset, embarrass, or alarm any other person. • Impersonate any person or misrepresent your identity or affiliation with any person or organization. • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising, except and only to the extent specifically permitted by the Company. • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case. 7. Reliance on Information Posted The information presented on or through the Service is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Service, or by anyone who may be informed of any of its contents. The Service includes content provided by third parties, including materials provided by other users, customers, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. 8. Changes to the Service We may update the content on the Service from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Service may be out of date at any given time, and we are under no obligation to update such material. 9. Information About You and Your Visits to the Service All information we collect on the Service is subject to our Privacy Policy. By using the Service, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. 10. Linking to the Service and Social Media Features You may link to the Service, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. The Service may provide certain social media features that enable you to: • Link from your own or certain third-party websites to certain content on the Service. • Send emails or other communications with certain content, or links to certain content, on the Service. • Cause limited portions of content on the Service to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not: • Establish a link from any website if you do not have ownership of the website or other appropriate legal authority to do so. • Cause the Service or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking, except as specifically allowed by features or functions of the Service. • Otherwise take any action with respect to the materials on the Service that is inconsistent with any other provision of these User Terms. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion. 11. Links from the Service If the Service contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in User Contributions and advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Service, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. 12. Geographic Restrictions The owner of the Service is base in Japan. We provide Service for use only by persons located in Japan and in countries where we permit. We make no claims that the Service or any of its content is accessible or appropriate outside of Japan. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside Japan, you do so on your own initiative and are responsible for compliance with local laws. 13. Disclaimer of Warranties You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Service will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE SERVICE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE IS AT YOUR OWN RISK. THE SERVICE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT THE SERVICE IS HOSTED BY A THIRD PARTY HOSTING PROVIDER (THE “HOSTING CONTRACTOR”) AND USES THIRD PARTY SERVER HARDWARE, DISK STORAGE, FIREWALL PROTECTION, SERVER OPERATING SYSTEMS, MANAGEMENT PROGRAMS, WEB SERVER PROGRAMS FOR DELIVERY OF THE SERVICE. ADDITIONALLY, WE USE THIRD PARTIES TO HELP RECEIVE PAYMENTS (EACH, A “PAYMENT PROCESSOR”). WE MAY CHANGE OUR HOSTING CONTRACTOR AND PAYMENT PROCESSOR AT ANY TIME. YOUR USE OF THE SERVICE IS SUBJECT TO ANY RESTRICTIONS IMPOSED BY THE HOSTING CONTRACTOR AND THE PAYMENT PROCESSOR, AS APPLICABLE. NOTWITHSTANDING ANY OTHER PROVISION OF THESE USER TERMS, WE SHALL NOT BE LIABLE FOR ANY PROBLEMS, FAILURES, DEFECTS OR ERRORS WITH THE SERVICE TO THE EXTENT CAUSED BY THE HOSTING CONTRACTOR OR PAYMENT PROCESSOR. YOU ACKNOWLEDGE THAT THE FEES PAYABLE FOR THE SERVICE REFLECT THE FACT THAT WE ARE NOT RESPONSIBLE FOR THE ACTS AND OMISSIONS OF THE HOSTING CONTRACTOR OR PAYMENT PROCESSOR. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 14. Limitation on Liability TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE SERVICE IN THE LAST 12 MONTHS OUT OF WHICH LIABILITY AROSE. The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 15. Indemnification You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these User Terms or your use of the Service, including, but not limited to, your User Contributions, any use of the Service’s content or services other than as expressly authorized in these User Terms, or your use of any information obtained from the Service. 16. Arbitration At Company’s sole discretion, it may require you to submit any disputes arising from these User Terms or use of the Service, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration. 17. Changes to these User Terms We may revise and update these User Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Service thereafter. However, any changes to the dispute resolution provisions set out in “Governing Law and Jurisdiction” under Section 18 below will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Service. Your continued use of the Service following the posting of revised User Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. 18. Additional Terms and Conditions No “Anti-Social Forces” We require the following representation and warranty regarding “anti-social forces” (hanshakaiseiryoku). You represent and warrant that you have not at any point been, are not, and will not in the future be any of the following: (i) a member of any Anti-Social Forces; (ii) a person who has a relationship with any Anti-Social Forces such that the Anti-Social Forces have a substantial involvement in your management; (iii) a person who has relationship of reliance with any Anti-Social Forces; (iv) a person who cooperates, whether passively or actively, with any Anti-Social Forces by providing funding or through any similar act; or (v) a person who is engaged in any socially condemnable relationship with any Anti-Social Forces. The term “Anti-Social Forces” means (1) any organized crime group, member of an organized crime group, related company or association of any organized crime group, or other person or group similar to the above; or (2) a person who directly or indirectly (A) makes any demand with violence or the threat of violence, (B) makes any unreasonable demand beyond such person’s legal entitlement, (C) uses intimidating words or actions, (D) damages the credit or obstructs the business of another party by spreading false rumors or by the use of fraud or (E) engages in any actions similar or equivalent to the above (including but not limited to any person of the type set forth in Article 2(4) of the Tokyo Metropolitan Ordinance for Eliminating Organized Crime Groups (Ordinance No. 54 of March 18, 2011)). Violation of the foregoing representation and warranty will be a material breach of these User Terms and we may terminate these User Terms and your access to the Service immediately and without notice if we determine that you have breached the foregoing representation or warranty. Governing Law and Jurisdiction All matters relating to the Service and these User Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the Japanese law without giving effect to any choice or conflict of law provision or rule. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. Limitation on Time to File Claims ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE USER TERMS OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. Waiver and Severability No waiver by the Company of any term or condition set out in these User Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these User Terms shall not constitute a waiver of such right or provision. If any provision of these User Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the User Terms will continue in full force and effect. Notices to You Except as otherwise set forth herein, all notices under these User Terms will be provided by email or by a message or notification to you via the Service. A notice will be deemed to have been provided (a) the day after it is sent, in the case of a notice sent through email or via the Service, (b) the day of delivery, if sent by an international recognized courier service and (c) five business days after being sent, if sent by prepaid, registered postal mail within Japan. Assignment You may not assign any of your rights or delegate your obligations under these User Terms, whether by operation of law or otherwise, without the prior written consent of us (not be unreasonably withheld). We may assign these User Terms in their entirety (including all terms and conditions incorporated herein by reference), without your consent, to a corporate affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets. Entire Agreement The User Terms and our Privacy Policy constitute the sole and entire agreement between you and us regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service. Survival The provisions of Sections 2, 4, 7, 9, 13, 14, 15, 16 and this Section 18 will survive the termination or expiration of these User Terms. Any obligations existing under these User Terms will survive the termination or expiration hereof. Further, the terms, conditions and warranties contained in these User Terms that by their sense and context are intended to survive the completion of the performance, cancellation or termination of these User Terms shall so survive. Your Comments and Concerns This Service is operated by Tungaloy Corporation, 11-1 Yoshima-Kogyodanchi, Iwaki, Fukushima, 970-1144 Japan. All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy above in the manner and by the means set out therein. All other feedback, comments, requests for technical support, and other communications relating to the Service (“Feedback”) should be directed to: https://tungaloy.com/contact/#contact-form-section. You grant us a license to use Feedback as provided in Section 4.
Commune
User Terms of Service
Last Modified: September 19, 2022
Commmune Inc., a Delaware corporation (“Company,” “we,” or “us”), provides a customer success and community-building platform on a software as a service and platform as a service basis (collectively, the “Service”). The Service includes any content, functionality, and services offered on or through commune.us and such other channels (such as mobile applications) that we may make available from time to time.
These terms of service are entered into by and between you and us. The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the “User Terms”), govern your access to and use of the Service, whether as a guest or a registered user.
If you are a Customer (as defined in the Customer Terms of Service (the “Customer Terms”)), the Customer Terms will apply and govern your use of the Service. For clarity, all Administrators (as defined in the Customer Terms) must also comply with these User Terms.
Please read these User Terms carefully before you use the Service. By using the Service, you accept and agree to be bound and abide by these User Terms and our Privacy Policy (our “Privacy Policy”), incorporated herein by reference. If you do not want to agree to these User Terms or the Privacy Policy, you must not access or use the Service.
The Service is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. The Service is offered to users residing in Japan through our parent company, Commmune Inc., and the terms and conditions for accessing or using the Service in Japan are set forth on commmune.jp, our parent company’s website. By using the Service, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Service.
1. Accessing the Service and Account Security
We reserve the right to withdraw or amend the Service, and any service, content or other material we provide through the Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service.
You are responsible for both:
2. Intellectual Property Rights
Intellectual Property Rights in the Service
The Service and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These User Terms permit you to use the Service for your personal, non-commercial use only, unless you are a Customer or Administrator representing a Customer, in which case you may use the Service for commercial purposes only to the extent permitted by the Customer Terms. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Service, except as reasonably necessary to access and use the Service in accordance with its features.
You must not delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Service.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Service in breach of the User Terms, your right to use the Service will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Service or any content on the Service is transferred to you, and all rights not expressly granted under these User Terms are reserved by the Company. Any use of the Service not expressly permitted by these User Terms is a breach of these User Terms and may violate copyright, trademark, and other laws.
Trademarks
The Company name, the terms “Commune”, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Service are the trademarks of their respective owners.
3. Prohibited Uses
You may use the Service only for lawful purposes and in accordance with these User Terms. You agree not to use the Service:
Additionally, you agree not to:
4. User Contributions and Feedback
User Contributions Generally
The Service may contain Customer web pages, Customer or user profiles, chat features, knowledge databases, forums, user feedback forms, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users, Customers or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Service.
All User Contributions must comply with Section 7 (Content Standards).
Any User Contribution you post to the site may be shared with other users or publicly based on the features and functions of the Service. For example, if you send a direct message to another user or provide answers on a Customer’s feedback form, your direct message will be shared with that other user and your feedback will be sent to the applicable Customer. Accordingly, your User Contributions will be considered non-confidential and non-proprietary. By providing any User Contribution on the Service, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the perpetual right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose, without any obligation or compensation to any person.
You represent and warrant that:
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you (and, if you are an Administrator of a Customer, that Customer), not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Service.
Monitoring of User Contributions and Enforcement
We have the right to:
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Service. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We do not review material before it is posted on the Service, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Feedback
By submitting Feedback (as defined in Section 18) to us, you grant us an unlimited, irrevocable, worldwide, perpetual, sublicensable, transferable, royalty-free license to use any Feedback for any purpose without any obligation or compensation to any person. For clarity, we are not obligated to use any Feedback.
5. Copyright Infringement
Reporting Claims of Copyright Infringement
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Service infringe your copyright, you may request removal of those materials (or access to them) from the Service by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
Our designated copyright agent to receive DMCA Notices is:
| Legal Team Commmune Inc. 55 E. 3rd Avenue, San Mateo, CA 94401 +1 415-256-7757 legal.us@commune.us |
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Service is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Counter Notification Procedures
If you believe that material you posted on the Service was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a “Counter Notice”) by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Service was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Repeat Infringers
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
6. Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
7. Reliance on Information Posted
The information presented on or through the Service is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Service, or by anyone who may be informed of any of its contents.
The Service includes content provided by third parties, including materials provided by other users, customers, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
8. Changes to the Service
We may update the content on the Service from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Service may be out of date at any given time, and we are under no obligation to update such material.
9. Information About You and Your Visits to the Service
All information we collect on the Service is subject to our Privacy Policy. By using the Service, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
10. Linking to the Service and Social Media Features
You may link to the Service, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
The Service may provide certain social media features that enable you to:
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
11. Links from the Service
If the Service contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in User Contributions and advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Service, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
12. Geographic Restrictions
The owner of the Service is based in the State of California in the United States. We provide the Service for use only by persons located in the United States. The Service is offered to users residing in Japan through our parent company, Commmune Inc., and the terms and conditions for users in Japan are set forth on commmune.jp, our parent company’s website. We make no claims that the Service or any of its content is accessible or appropriate outside of the United States and Japan. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
13. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Service will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SERVICE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE IS AT YOUR OWN RISK. THE SERVICE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
YOU ACKNOWLEDGE THAT THE SERVICE IS HOSTED BY A THIRD PARTY HOSTING PROVIDER (THE “HOSTING CONTRACTOR”) AND USES THIRD PARTY SERVER HARDWARE, DISK STORAGE, FIREWALL PROTECTION, SERVER OPERATING SYSTEMS, MANAGEMENT PROGRAMS, WEB SERVER PROGRAMS FOR DELIVERY OF THE SERVICE. ADDITIONALLY, WE USE THIRD PARTIES TO HELP RECEIVE PAYMENTS (EACH, A “PAYMENT PROCESSOR”). WE MAY CHANGE OUR HOSTING CONTRACTOR AND PAYMENT PROCESSOR AT ANY TIME. YOUR USE OF THE SERVICE IS SUBJECT TO ANY RESTRICTIONS IMPOSED BY THE HOSTING CONTRACTOR AND THE PAYMENT PROCESSOR, AS APPLICABLE. NOTWITHSTANDING ANY OTHER PROVISION OF THESE USER TERMS, WE SHALL NOT BE LIABLE FOR ANY PROBLEMS, FAILURES, DEFECTS OR ERRORS WITH THE SERVICE TO THE EXTENT CAUSED BY THE HOSTING CONTRACTOR OR PAYMENT PROCESSOR. YOU ACKNOWLEDGE THAT THE FEES PAYABLE FOR THE SERVICE REFLECT THE FACT THAT WE ARE NOT RESPONSIBLE FOR THE ACTS AND OMISSIONS OF THE HOSTING CONTRACTOR OR PAYMENT PROCESSOR.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
14. Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE SERVICE IN THE LAST 12 MONTHS OUT OF WHICH LIABILITY AROSE.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
15. Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these User Terms or your use of the Service, including, but not limited to, your User Contributions, any use of the Service’s content or services other than as expressly authorized in these User Terms, or your use of any information obtained from the Service.
16. Arbitration
At Company’s sole discretion, it may require you to submit any disputes arising from these User Terms or use of the Service, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.
17. Changes to these User Terms
We may revise and update these User Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Service thereafter. However, any changes to the dispute resolution provisions set out in “Governing Law and Jurisdiction” under Section 18 below will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Service.
Your continued use of the Service following the posting of revised User Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
18. Additional Terms and Conditions
No “Anti-Social Forces”
Because our parent company is incorporated in Japan, we require the following representation and warranty regarding “anti-social forces” (hanshakaiseiryoku).
You represent and warrant that you have not at any point been, are not, and will not in the future be any of the following:
(i) a member of any Anti-Social Forces;
(ii) a person who has a relationship with any Anti-Social Forces such that the Anti-Social Forces have a substantial involvement in your management;
(iii) a person who has relationship of reliance with any Anti-Social Forces;
(iv) a person who cooperates, whether passively or actively, with any Anti-Social Forces by providing funding or through any similar act; or
(v) a person who is engaged in any socially condemnable relationship with any Anti-Social Forces.
The term “Anti-Social Forces” means (1) any organized crime group, member of an organized crime group, related company or association of any organized crime group, or other person or group similar to the above; or (2) a person who directly or indirectly (A) makes any demand with violence or the threat of violence, (B) makes any unreasonable demand beyond such person’s legal entitlement, (C) uses intimidating words or actions, (D) damages the credit or obstructs the business of another party by spreading false rumors or by the use of fraud or (E) engages in any actions similar or equivalent to the above (including but not limited to any person of the type set forth in Article 2(4) of the Tokyo Metropolitan Ordinance for Eliminating Organized Crime Groups (Ordinance No. 54 of March 18, 2011)).
Violation of the foregoing representation and warranty will be a material breach of these User Terms and we may terminate these User Terms and your access to the Service immediately and without notice if we determine that you have breached the foregoing representation or warranty.
Governing Law and Jurisdiction
All matters relating to the Service and these User Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).
Except as provided in Section 16 (Arbitration), any legal suit, action, or proceeding arising out of, or related to, these User Terms or the Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City of San Francisco and County of San Francisco. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE USER TERMS OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by the Company of any term or condition set out in these User Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these User Terms shall not constitute a waiver of such right or provision.
If any provision of these User Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the User Terms will continue in full force and effect.
Notices to You
Except as otherwise set forth herein, all notices under these User Terms will be provided by email or by a message or notification to you via the Service. A notice will be deemed to have been provided (a) the day after it is sent, in the case of a notice sent through email or via the Service, (b) the day of delivery, if sent by an international recognized courier service and (c) five business days after being sent, if sent by prepaid, registered postal mail within the United States.
Assignment
You may not assign any of your rights or delegate your obligations under these User Terms, whether by operation of law or otherwise, without the prior written consent of us (not be unreasonably withheld).
We may assign these User Terms in their entirety (including all terms and conditions incorporated herein by reference), without your consent, to a corporate affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.
Entire Agreement
The User Terms, our Privacy Policy and, if you are a Customer or Administrator, the Customer Terms, constitute the sole and entire agreement between you and us regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service.
Survival
The provisions of Sections 2, 4, 7, 9, 13, 14, 15, 16 and this Section 18 will survive the termination or expiration of these User Terms. Any obligations existing under these User Terms will survive the termination or expiration hereof. Further, the terms, conditions and warranties contained in these User Terms that by their sense and context are intended to survive the completion of the performance, cancellation or termination of these User Terms shall so survive.
Your Comments and Concerns
This Service is operated by Commmune Inc., 55 E. 3rd Avenue, San Mateo, CA 94401.
All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy above in the manner and by the means set out therein.
All other feedback, comments, requests for technical support, and other communications relating to the Service (“Feedback”) should be directed to: legal.us@commune.us. You grant us a license to use Feedback as provided in Section 4.