These Como Hub Terms of Use (these “Hub TOS“), govern the usage of the Business Account by the Business’ employees, consultants, representatives of other individuals or entities which are authorized by the Business to access and use the Business Account (together: “Business Representative” or “you”).
BY ACCESSING AND USING COMO HUB, YOU INDICATE THAT YOU HAVE READ AND AGREE TO THESE HUB TOS, AS MAY BE UPDATED BY COMO FROM TIME TO TIME, AND THE HUB PRIVACY POLICY AVAILABLE AT https://privacy.comosense.com/como-hub-privacy-policy.html (“Hub Privacy Policy”).
If you are not a Business Representative, your authorization from the Business has expired or terminated or you are not otherwise authorized by Como to use the Business Account, you must cease using the Business Account immediately.
These Hub TOS and any usage of Como Hub are subject to Como Solution General Terms available at http://www.app4mobile.biz/comosense-solution-general-terms.html (“Terms”) and the Business Agreement signed between the Business and Como AI Malta Limited or any of its Affiliates (“Como” or “we”). In the event of any conflict or inconsistency between these Hub TOS and the Business Agreement or the Terms, the Business Agreement or the Terms shall prevail.
You may not use Como Hub if you are not over the age of 13 or the legal age of majority in your local jurisdiction, as Como Hub is not intended or directed to children under the age of 13 or anyone under the legal age of majority.
The Services
Como Hub provides you with information, various tools, features and functionality available by Como Solution, and enables you to use, customize Como Solution licensed to the Business and available through the Business Account and in accordance with the Business Agreement terms.
Access and Use of Como Hub
We hereby grant you permission to use Como Hub, provided that you: (i) comply in full with these Hub TOS; (ii) will not copy, distribute or modify any part of Como Hub without our prior written authorization; and (iii) will not disrupt servers or networks connected to Como Hub.
You agree not to: (i) access or use Como Hub or the Business Account in any manner that could damage, disable, overburden, or impair Como Hub, our computer systems or networks; and (ii) attempt to gain unauthorized access to any parts of Como Hub, computer systems or networks. You agree not to interfere or attempt to interfere with the proper working of Como Hub, any other accounts, or our computer systems or networks.
Access to and use of password-protected or secure areas of Como Hub is restricted to authorized users only.
You agree not to use or launch any automated system, including without limitation, “robots”, “spiders”, “crawlers” and “offline readers” to access Como Hub in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
You may collect, store or process personal identifiable information and other data in regard of End Users, including creating or exporting any reports available by Como Hub, only if these End Users are registered to Como Solution licensed to the Business, and in compliant with Como End User Privacy Policy and any applicable law. Any data stored or saved or exported by you must be used pursuant the End User Privacy Policy terms only, and must be secured in accordance with any applicable law and industry standards.
Submission of any content or sharing with us of any information (such as your personal identifiable information) is voluntarily. Our usage of such information will be in accordance with these Hub TOS and Hub Privacy Policy.
You represent and warrant that: (a) you have the right and authority from the Business to submit any content, customize Como Solution licensed to the Business or otherwise use Como Hub under the Business Account; (b) you have read and understood the terms of the Business Agreement and the Terms and you will fully comply with them while using Como Hub and the Business Account.
Business Account on Como Hub
In order to access Como Hub, you will obtain from us log in information, password or other account information which you undertake not to share with anyone other than Business Representatives. You may not use another user’s account without obtaining prior written permission. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph.
You are solely responsible for maintaining the confidentiality of the Business Account, password or other account information and for any activity that occurs on the Business Account, and you must keep the Business Account password secure. You must notify us immediately of any breach of security or unauthorized use of the Business Account or any other breach of security that you become aware of involving or relating to the Business Account. You will be liable for any use of the Business Account or password, including without limitation, our losses due to any unauthorized use of the Business Account. We will not be liable for any losses incurred by you, the Business or anyone on your behalf and caused due to any unauthorized use of the Business Account.
Proprietary Rights of Como
Como retains all right, title and interest in and to Como Hub and Como Solution, and any derivatives thereof, including any Intellectual Property Rights contained and/or made available therein or in connection thereto (collectively, the “Como IP“). As used herein, “Intellectual Property Rights” means inventions and patents of any type, design rights, utility models or other similar invention rights, copyrights, trademarks, service marks, trade names, trade dress, logos, trade secrets or confidentiality rights, and any other intangible property rights including applications for any of the foregoing, in any country, arising under statutory or common law or by contract and whether or not perfected, now existing or hereafter filed, issued, or acquired.
All use of Como IP shall inure to the benefit of Como, and you shall not: (i) contest, or assist others to contest, our rights or interests in and to the Como IP or the validity of our rights in and to the Como IP and all applications, registrations or other legally recognized interests therein, or (ii) seek to register, record, obtain or attempt to pursue any Intellectual Property Rights or other proprietary rights or protections in or to said Como IP.
You agree not to remove, obscure or alter any notices of Intellectual Property Rights or disclaimers appearing in or on Como Hub.
Changes and Notices
Como may change these Hub TOS from time to time, without notice to you. Changes will take effect and bind you immediately as of publishing at: https://privacy.comosense.com/como-hub-terms-of-use.html. By continuing to use Como Hub after we have posted changes to Hub TOS, you agree to be bound by the modified terms. If the modified Hub TOS are not acceptable to you, your only recourse is to cease using Como Hub.
Como Hub Availability
The availability and functionality of Como Hub depend on various factors, including software, hardware and communication networks that are provided by third parties. These factors are not fault-free. COMO DOES NOT WARRANT THAT COMO HUB WILL OPERATE WITHOUT DISRUPTION, ERRORS OR INTERRUPTIONS, OR THAT THEY WILL BE ACCESSIBLE OR AVAILABLE AT ALL TIMES OR IMMUNE FROM ERRORS OR UNAUTHORIZED ACCESS.
Disclaimer of Warranty
COMO HUB IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMO DOES NOT GUARANTEE THAT COMO HUB OR THE BUSINESS ACCOUNT WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMO DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS, AVAILABILITY, SECURITY OR COMPATABILITY. COMO DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF COMO HUB. YOU ASSUME THE TOTAL RESPONSIBILITY FOR YOUR USE OF COMO HUB. YOUR SOLE REMEDY AGAINST COMO FOR DISSATISFACTION WITH COMO HUB IS TO STOP USING COMO HUB.
The above disclaimer applies to any and all damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Limitation of Liability
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL COMO BE LIABLE TO YOUOR THE BUSINESS FOR ANY AND ALL DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF COMO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR RESULTING FROM: (I) THE USE OR THE INABILITY TO USE COMO HUB; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES ARISING OUT OF YOUR USE OR INABILITY TO USE COMO HUB; (III) ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OR AVAILABILITY OF COMO HUB; (IV) ANY COMMUNICATION, INTERACTIONS, DEALINGS OR ENGAGEMENTS MADE OR ATTEMPTED THROUGH COMO HUB; OR (V) ANY OTHER MATTER RELATING TO COMO HUB. IN ANY EVENT, YOUR SOLE REMEDY SHALL BE TO CEASE ANY USE COMO HUB. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SUCH AS FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Indemnification
You agree to defend, indemnify and hold harmless Como, and its subsidiaries, and its respective officers, directors, employees and agents, licensors, licensees, distributors, agents, representatives and other authorized users, and each of Como, and its subsidiaries, respective resellers, distributors, service providers and suppliers (collectively, the “Indemnified Parties“) from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorneys’ fees) incurred by the Indemnified Parties in connection with or arising from: (i) your use of Como Hub and/or the Business Account; (ii) your violation of these Hub TOS; or (iv) your violation of any third party right, including without limitation any copyright, property, publicity or privacy right. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Termination of the Business Account
We may limit, suspend or terminate the Business Account and/or your ability to accessor use Como Hub, in our sole discretion, immediately, and/or limit, suspend or terminate any future access, with or without cause for your failure to fully comply with these Como Hub. You agree that we shall not be liable to you or any third party for any limitation, suspension or termination of your access to or use of Como Hub. You agree that in the event we discontinue, terminate or suspend the Business Account or your access to Como Hub, you shall not attempt to re-register with or access Como Hub through use of a different user name or otherwise.
You also agree that any violation by you of these Hub TOS will constitute an unlawful and unfair business practice and will cause irreparable harm to Como and/or Affiliates, for which monetary damages would be inadequate, and you consent to Como obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies we may have at law or in equity.
Governing Law, Jurisdiction
These Hub TOS and your use of Como Hub (including the Business Account) will be governed by and construed in accordance with the laws of United Kingdom, excluding any otherwise applicable rules of conflict of laws, which would result in the application of the laws of a jurisdiction other than United Kingdom.
The Courts located in London shall have sole and exclusive jurisdiction over the Business, you and Como and the subject matter of these Hub TOS. Each party hereby expressly consents to personal jurisdiction in United Kingdom and expressly waives any right to object to such personal jurisdiction or the convenience of such forum.
Please note that no entity worldwide, whether it is a representative, distributor, contractor, reseller or Affiliate of Como AI Malta Limited, is authorized to accept service of process on behalf of Como AI Malta Limited.
Miscellaneous
These Hub TOS, together with Terms, the Business Agreement and the Hub Privacy Policy shall constitute the entire agreement between you and us in connection with or in relation to Como Hub or the Business Account.
If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Hub TOS, which shall remain in full force and effect. No waiver of any term of these Hub TOS shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Hub TOS shall not constitute a waiver of such right or provision. You may not assign or transfer your rights and obligations under the Hub TOS. Any attempted or actual assignment thereof by you will be null and void. The section headings in the Hub TOS are included for convenience only and shall take no part in the interpretation or construing of the Hub TOS. In these terms of use, the word “including” is used illustratively, as if followed by the words “but not limited to”.
Surviving Terms
The following sections shall survive the termination or expiration of these Terms: Proprietary Rights of Como, Disclaimer of Warranty, Limitation of Liability, Indemnification, and Governing Law & Jurisdiction.
Contact Us
At any time, you may contact us with any question, claim or complaint that you may have with respect to the Como Hub or the Business Account, at:
Como AI Malta Limited, d/b/a “Como”
Suite 10, 189 Marina Suites
Marina Street, Pieta PTA 9041, Malta
Email: ComoSupport@comosense.com
Last update: 05.07.2020