THIS AGREEMENT governs your access to and use of the Compose A/B Testing Platform, including all associated services, tools, and web properties (collectively, the 'Services'). By accessing, browsing, or otherwise using the Services, you, either an individual or a representative of an entity, agree to be legally bound by the terms and conditions contained in this Terms of Use Agreement ('Agreement').
Effective Date: April 3, 2024
The Services are offered subject to acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies, and procedures that may be published from time to time on this Site by Compose (collectively, the "Terms").
By using the Services, you agree to these Terms. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms and agree to be bound by these Terms on behalf of that organization.
In consideration of your use of the Services, you agree to (i) provide accurate, current, and complete information about yourself as prompted by the registration forms ("Registration Data"); (ii) maintain the security of your password and identification; (iii) maintain and promptly update the Registration Data, and any other information you provide to Compose, to keep it accurate, current, and complete; and (iv) accept all risks of unauthorized access to the Registration Data and any other information you provide to Compose.
User Conduct: You are solely responsible for all content, whether publicly posted or privately transmitted, that you upload, post, email, transmit, or otherwise make available on the Services ("User Content"). You agree not to engage in any use of the Services that is contrary to the Terms or unlawful.
Prohibited Uses: You are prohibited from using the Services in a way that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance, or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable.
Services Content, Software and Trademarks: You acknowledge and agree that the Services and all intellectual property rights associated therewith are, and shall remain, the property of Compose (or its licensors).
Your License to Use the Services: Compose grants you a limited, non-exclusive, non-transferable, revocable license to use the Services strictly in accordance with the Terms.
Ownership: You retain all rights in, and are solely responsible for, the User Content you post to Compose.
License Grant: By posting any User Content on the Services, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Compose a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Services and Compose's (and its successors and affiliates) business.
Your privacy is critically important to us. Compose's Privacy Policy, which is incorporated herein by reference, outlines the policies and procedures on the collection, use, and disclosure of your information when you use the Services.
Compose may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever, including, without limitation, if you breach the Terms.
Disclaimer of Warranties: The Services are provided "as is." Compose and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement.
Limitation of Liability: In no event will Compose, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental, or consequential damages; (ii) the cost of procurement for substitute products or services;
(iii) for interruption of use or loss or corruption of data. Compose shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.This Agreement shall be governed by and construed in accordance with the laws of [Your Country/State], without giving effect to any principles of conflicts of law.
Compose reserves the right, at its sole discretion, to modify or replace any part of this Agreement at any time. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes.
Entire Agreement: This Agreement constitutes the entire agreement between you and Compose concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Compose, or by the posting by Compose of a revised version.
Waiver and Severability: The failure of Compose to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
Assignment: This Agreement is not assignable, transferable, or sublicensable by you except with Compose's prior written consent. Compose may transfer, assign, or delegate this Agreement and its rights and obligations without consent.
Agency: No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement and neither party has any authority of any kind to bind the other in any respect.
Should you have any questions regarding this Agreement, please contact us at hello@compose.co.
BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.