CommPeak’s Terms of Use

CommPeak Limited (“we,” “us,” “our,” or “CommPeak”) owns and operates a Voice over IP-based communications solution and related tools and services, which are available online, including via www.commpeak.com (the “Website”). These terms and conditions (“Terms” or “Terms of Use”), as may be amended from time to time, govern the access to and use of CommPeak’s Website, user portal, and/or any other products, features, apps, services, technologies and software that CommPeak may offer (collectively “CommPeak’s Services” or “Services”), by any person or organization  (referred to as “you” or “User” below). 

By using and/or accessing CommPeak’s Services, you are deemed to have read, understood, accepted, and agreed to be bound by these Terms of Use, including any other document incorporated thereto (collectively, the “Service Agreements”) upon the earlier of (i) your signing of our Commercial Proposal; (ii) your acceptance of the Terms of Use electronically during registration; (ii) your use of CommPeak’s Website and/or Services. 

CommPeak reserves the right, in its sole discretion, to revise or modify its Service Agreements, or any part thereof, at any time, and you agree to be bound by such revisions or modifications. CommPeak shall notify the User of any substantive and/or material changes to the Service Agreements. You are, however, responsible for viewing our Service Agreements periodically. Your continued use of our Services after an amendment or modification of these Service Agreements will constitute your acceptance of the revised Service Agreements

1. 1.Using CommPeak’s Website and/or Services
   1. 1.1 A description of our Services is available on CommPeak’s Website. Please note that availability varies by country/region and service; therefore, some functionality, features, and services may not be available to you. You can check availability by emailing our support team at [email protected].
   2. 1.2 By accessing or using CommPeak’s Services, you represent and affirm that you are at least 18 years old, have the legal capacity to enter into a legally binding agreement, and agree to be legally bound by the terms and conditions of this Terms of Use and other Service Agreements in their entirety.
   3. 1.3 CommPeak’s Services and all related rights are and will remain the exclusive property of CommPeak. Neither these Terms of Use nor the use of the Services grants the User any right in relation to the Services, except for a limited, non-exclusive, revocable permission to use our Website and/or Services. This permission shall remain in effect until and unless suspended and/or terminated by you or CommPeak.
   4. 1.4 Users may not transfer, license, sell, or otherwise offer any of the Services provided to them by CommPeak or any part thereof to another person or entity without the expressed prior written consent of CommPeak.
   5. 1.5 The User hereby agrees not to misrepresent or embellish the relationship between CommPeak and you (including by expressing or implying that we support, sponsor, endorse, or contribute to you or your business endeavors) or express or imply any relationship or affiliation between CommPeak and you or any other person or entity without prior written notice.
   6. 1.6 The User may not access or use any or all of CommPeak’s Services in a way intended to avoid incurring fees and/or exceed usage limits.
   7. 1.7 The User may not in any manner or for any purpose other than as expressly permitted by CommPeak, attempt to (i) modify, alter, tamper with, repair, or otherwise interrupt the operation of our Website, Services, or any software provided to you in connection with our Services; (ii) interfere with or disrupt our Services operation, circumvent access restrictions or authentication measures, and/or conduct any security or vulnerability test on these Services; (iii) reverse engineer, disassemble or decompile CommPeak’s Services or apply any other process or procedure designed to derive the source code of any of our Services.
   8. 1.8 The User may not use or misuse our Services to carry out, promote or support:
      1. 1.8.1 Unlawful, abusive, intrusive, harassing, libelous, defamatory, threatening, hateful, or fraudulent activity.
      2. 1.8.2 the impersonation of another person or entity in a manner that does or is intended to mislead, confuse, or deceive others;
      3. 1.8.3 the misrepresentation of an affiliation with a person or entity in a manner that does or is intended to mislead, confuse, or deceive others;
      4. 1.8.4 the sending of unsolicited communications, promotions advertisements, or spam;
      5. 1.8.5 any activity that violates applicable laws and regulations, including CommPeak’s Terms of Use and all other Policy references or is incorporated into this Agreement in any other way or form.
   9. 1.9 The User hereby agrees to abide by CommPeak’s Terms of Use and not to use our Website and/or Services or any part thereof in any manner not expressly permitted by CommPeak’s Service Agreements.
   10. 1.10 Any violation of this Section 1 may lead to the suspension of the User’s Services and/or termination of your account and the Service Agreements at any time in accordance with Sections 6-7 hereinafter, in addition to any other remedies that may be available to CommPeak.

1. 2.Additional Terms and Conditions
   1. 2.1 The following terms and conditions also govern and apply to your use of CommPeak’s Website and/or Services, and they are incorporated herein by this reference:
      1. 2.1.1 Privacy Policy https://www.commpeak.com/legal/privacy-policy.
      2. 2.1.2 Payment Policy https://www.commpeak.com/legal/payment-policy.
      3. 2.1.3 Cookie Policy https://www.commpeak.com/legal/cookie-policy.
   2. 2.2 It is hereby understood and agreed that in addition to the terms and conditions specifically mentioned hereinabove in Section 1.2, further terms and conditions might apply to the use of some of CommPeak’s Services, all of which are made a part of these Terms of Use by reference.
   3. 2.3 In the event of a conflict between the Terms of Use and any separate policy document or agreement applicable to a specific portion of our Website or for any of the Services offered, the separate agreement will prevail with respect to that particular portion of our Website or service.
   4. 2.4 Each of these additional terms and conditions and policies may be amended from time to time and are effective immediately upon posting such changes.

1. 3.Accounts Registration, Management, and Security
   1. 3.1 To access certain features or Services, the User must create an account associated with a valid email address.
      1. 3.1.1 Unless explicitly permitted by the Terms of Use and/or the relevant Service Agreement, the User may only create one account per email address.
      2. 3.1.2 By creating an account with an email address belonging to a third party, you represent and warrant that you are authorized to do so on behalf of such a third party.
      3. 3.1.3 It is your responsibility to keep your email active and available at all times.
   2. 3.2 Once you create an account, you will receive a unique personal identification number (hereinafter the “PIN Code”). You must use your PIN Code to access, operate, and manage your account.
   3. 3.3 The User must keep account login credentials, including the PIN Code, confidential at all times and not share them with anyone else.
   4. 3.4 Please note that if you do not remember your email address and PIN code and/or are unable to log into the email account you provided when creating your account with CommPeak, this could prevent you from using certain functions or services or from submitting certain requests, including but not limited to making requests for (i) the purchase, replacement, addition of, or substitution of Services; (ii) the addition of or refund of a payment; and (ii) the suspension, termination, or closure of the account.
   5. 3.5 CommPeak is not and shall not be responsible for any consequences arising from your failure to provide accurate and complete information or from your inability to access certain features or services due to the absence or invalidity of your PIN code or email address.
   6. 3.6 The User may assign any person with admin, reports, tech configuration, or finance roles (“Additional Users”). Such Additional Users are considered registered users who can contact CommPeak support via any channel, submit support requests and see their request history, and may have control over the User’s account, including management of Users and Data. The User is solely and entirely responsible for their choice of Additional Users and any actions they take.
   7. 3.7 The User is fully accountable for all activities conducted under its account, irrespective of whether the User, its authorized Additional Users, employees, or a third party (including contractors or agents) are involved in said activities.
   8. 3.8 It is important to clarify that CommPeak is not liable for any unauthorized access to your account or any use of your account that may contravene the terms and conditions of any third party.
   9. 3.9 Users will contact CommPeak immediately if they believe an unauthorized third party may be using their account, if they become aware of any compromise of their login credentials, or if their account information is lost or stolen.
   10. 3.10 The User shall provide CommPeak with all such information and materials as may be required in order for CommPeak to provide the User with Services, perform its obligations under the Service Agreements, and comply with applicable laws and regulations or instructions from a Competent Authority, including but not limited to (i) information needed for the purposes of identity verification and/or credit verification, fraud prevention and debt collection; and (ii) information requested by an order, instruction or request of Government, or other competent administrative or regulatory authority.
   11. 3.11 The User must ensure that any information provided to CommPeak is accurate, timely, and complete and shall inform CommPeak immediately of any change to its contact or other details. CommPeak is not responsible for any claims relating to any inaccurate, untimely, or incomplete information provided to us.
   12. 3.12 Notwithstanding the foregoing, the User might be required to undergo a KYC process in order to access certain features or Services provided by CommPeak. You may choose whether or not to undergo such a KYC process. However, please note that if your refuse or fail to go through the KYC process, CommPeak may immediately suspend any and/or terminate your account and the Service Agreements. Further, please note that some or all features of the KYC process may be sourced from a third-party provider. The third-party provider controls the terms and conditions that apply to the KYC process. Therefore, once you select to go through the KYC process, you must accept and agree to the terms and conditions applicable to such KYC process.
   13. 3.13 Any misrepresentations regarding your age, background, experience, credentials, and/or eligibility to use our Services may lead to the immediate suspension or termination of your account and the Service Agreements at any time in accordance with Sections 6-7 hereinafter.
   14. 3.14 If the User fails to maintain the confidentiality of the account login information or fails to ensure that the information provided to CommPeak is accurate and complete, the User shall be liable for losses, damages, compliance fees, costs, fines, or penalties incurred by CommPeak or any third party.
   15. 3.15 Any violation of this Section 3 may lead to the suspension of the User’s Services and/or termination of your account and the Service Agreements at any time in accordance with Sections 6-7 hereinafter, in addition to any other remedies that may be available to CommPeak.

1. 4.Payment and Fees
   1. 4.1 Our Services or any part thereof may be free or subject to payment.
   2. 4.2 If you wish to use any of CommPeak’s paid services, you hereby acknowledge and agree that it is your responsibility to carefully read and make sure you understand and agree to our payment policy available at:https://www.commpeak.com/legal/payment-policy before you do so.
   3. 4.3 If you do not agree to CommPeak’s payment policy or any part thereof, you should immediately cease all use of our Services.
   4. 4.4 The User is responsible for the payment of all sums owed to CommPeak in connection with the use of CommPeak’s Services (including Voice, SMS, and WhatsApp Services) in accordance with the Service Agreements and CommPeak’s Payment Policy.
   5. 4.5 All operating expenses, taxes, and fees, communications surcharges (e.g., pass-through carrier fees), and compliance fees, costs, fines, or penalties incurred by CommPeak as a result of or in relation to the User’s use of CommPeak’s Services are the sole responsibility of the User
   6. 4.6 If you do not have sufficient funds in your account to cover sums owed to CommPeak as a result of or in relation to the use of CommPeak’s services, CommPeak may suspend and/or terminate some or all of the Services in accordance with Sections 6-7 hereinafter, in addition to any other remedies that may be available to CommPeak.
   7. 4.7 If you purchase CommPeak’s Services through a third-party reseller, the third-party reseller is solely responsible for facilitating payments of fees and charges due to CommPeak for the use of CommPeak’s Services. Nevertheless, if you or the third party supplier fail to pay any of the fees and charges in full, CommPeak reserves the right to suspend and/or terminate some or all of the Services in accordance with Sections 6-7 hereinafter, in addition to any other remedies that may be available to CommPeak.
   8. 4.8 CommPeak offers various payment methods, these Payment Methods are sourced from multiple third-party providers. You may choose whether or not to use any of these third-party providers. However, please note that these payment methods are sourced from third-party providers. Each provider controls the terms and conditions that apply to its payment methods. Therefore, once you select a payment method, you must accept and agree to the terms and conditions applicable to such payment method. These terms and conditions may change from time to time, and you must review these terms and conditions periodically.
   9. 4.9 CommPeak reserves the right to change any of its fees and charges at any time by posting a new pricing structure to CommPeak’s Website and/or by sending a written notice by email, as set by the Customer in its CommPeak Customer’s account.
   10. 4.10 If you fail to pay any part of the applicable fees and/or charges, CommPeak may suspend Services and/or terminate your account and the Service Agreements in accordance with Sections 6-7 below.

1. 5.Promotions
   1. 5.1 From time to time, CommPeak may offer promotional bonuses for a specific period without payment or at a reduced rate (“Promotions”).
   2. 5.2 CommPeak may determine your eligibility for Promotions and withdraw or modify Promotions at any time without prior notice and with no liability to the extent permitted under applicable law.
   3. 5.3 Promotions awarded are non-refundable and will expire up to 6 months from the issue date unless otherwise specified.

1. 6.Suspension of Services
   1. 6.1 CommPeak may suspend your right to access and/or use any or all of our Services immediately and without notice if we determine that:
      1. 6.1.1 It is necessary to do so in order to prevent or protect CommPeak or any other third party against fraudulent, unlawful, abusive, harassing libelous, defamatory, threatening, hateful, intrusive, or otherwise unlawful use.
      2. 6.1.2 Your use of or registration for our Services (1) may subject us, or any of our vendors, or any third party to liability; (2) may pose a security risk to our systems and/or Services; (3) may adversely affect the Services furnished by CommPeak; (4) may result in excessive incomplete calls; (5) may violate applicable laws and regulations in any other way or form.
      3. 6.1.3 You are in breach of this Terms of Services, the Agreements, or any other Policies, including if you are delinquent on your payment obligations.
      4. 6.1.4 You fail to pass the required KYC.
      5. 6.1.5 It is necessary to do so pursuant to a request made by any governmental or authorized entity.
   2. 6.2 In the event that CommPeak invokes its right to suspend your right to access or use any or all of our Services:
      1. 6.2.1 We will not erase any of your Data and use logs until the issue has been resolved.
      2. 6.2.2 You remain responsible for all fees and/or charges incurred through the suspension date.
      3. 6.2.3 You remain responsible for any and all applicable fees and/or charges for Services to which you continue to have access and/or are able to use, as well as applicable data storage fees and/or charges.
   3. 6.3 In the event that CommPeak invokes its right to suspend your right to access or use any or all of our Services and you subsequently resolve the issue, CommPeak reserves the right to charge reconnection fees in accordance with our Payment Policy.
   4. 6.4 Our right to suspend your right to access or use any or all of our Services is in addition to our right to terminate this Agreement pursuant to Section 7 below.

1. 7. Termination of Services
   1. 7.1 You may terminate this Agreement at any time by (1) providing us with a notice and (2) closing your account for all Services we provide.
   2. 7.2 CommPeak reserves the right to terminate this Agreement and/or your account, discontinue Services, and right to access or use any or all of our Services immediately without notice and without incurring liability for any of the following reasons:
      1. 7.2.1 Any act or omission made by you results in a suspension described in Section 6.
      2. 7.2.2 You fail to comply with our Terms of Use or any other material terms or conditions in the Service Agreements.
      3. 7.2.3 You fail to provide CommPeak with accurate and timely information or to respond to our communications for more than 30 days.
      4. 7.2.4 If our relationship with any of our vendors or a third party who we use to provide you with Services expires, terminates, or requires us to change how we provide Users with any or all of our Services.
      5. 7.2.5 If we believe providing the Services could create a substantial economic or technical burden or material security risk for us.
      6. 7.2.6 If your usage exceeds any credit limit or prepaid balance limit imposed by CommPeak in accordance with our Payment Policy.
      7. 7.2.7 If any aspect of your payment arrangement appears to be fraudulent, false, or misleading in accordance with our Payment Policy.
      8. 7.2.8 You communicate to us any intent to breach or not comply with this Agreement’s terms, including but not limited to payment for services at then-prevailing rates.
      9. 7.2.9 In order to comply with laws, regulations, or requests of governmental entities.
      10. 7.2.10 If we determine, the use of our Services by you or our provision of any of the Services to you has become impractical or unfeasible for any legal or regulatory reason.
   3. 7.3 In the event that CommPeak invokes its right to terminate your account and/or your right to access or use any or all of our Services:
      1. 7.3.1 Termination of this Agreement for any reason whatsoever will be without prejudice to any right or obligation of CommPeak or the User in respect of this Agreement which has arisen prior to such termination, and no termination shall relieve the User of its obligation to pay the applicable fees for Services rendered up to and including the date of termination.
      2. 7.3.2 The provisions of this Agreement, which by their terms, intent, or purposes are intended to survive the termination hereof, shall survive the termination of this Agreement.
      3. 7.3.3 During the 30 days following termination, we will not erase any of your data and use logs due to the termination. You may retrieve your data and/or use records if you pay all applicable fees and charges for post-termination Services.

1. 8. Emergency Calls and Operator-Assisted Calling
   1. 8.1. Emergency Calls
      1. 8.1.1 CommPeak is not a replacement for your telephone and may not be used for emergency calls.
      2. 8.1.2 By accessing and/or using CommPeak’s Website and/or any of our Services, you expressly acknowledge that you have read, understand, and agree that you may not be able to place calls to emergency services using CommPeak’s Services.
      3. 8.1.3 CommPeak strongly recommends that Users maintain, at all times, access to a standard telephone or cellular phone to place emergency phone calls.
   2. 8.2 “900 Numbers.”
      1. 8.2.1 CommPeak does not support 900 numbers.
      2. 8.2.2 You hereby acknowledge that CommPeak’s Services does not permit calls to 900 numbers or other pay-per-call services.
   3. 8.3 Operator Assisted Calling
      1. 8.3.1 CommPeak does not support operator-assisted calling, including but not limited to collect calls, third-party billing calls, or calling card calls.
      2. 8.3.2 You hereby acknowledge that CommPeak’s Services do not support operator-assisted calling, including but not limited to collecting calls, third-party billing calls, or making card calls.

1. 9. Service Availability
   1. 9.1. CommPeak will make reasonable efforts to keep its Website and Services operational. However, from time to time, CommPeak may be required to patch, upgrade, or otherwise maintain its Website and/or any of its Services (“Maintenance”) due to certain technical difficulties, updates, or in order to reflect changes in relevant laws and regulatory requirements.
      1. 9.1.1 CommPeak will use reasonable efforts to provide prior notification on its Website regarding any scheduled maintenance (except for emergency Maintenance), and the User agrees to use reasonable efforts to comply with any Maintenance requirements following such notification.
      2. 9.1.2. CommPeak may interrupt its provision of service for unscheduled emergency maintenance without giving notice to users.
   2. 9.2. CommPeak will make reasonable efforts to maintain its overall network quality. Nonetheless, CommPeak may be unable to initiate a service, guarantee a service start date, or facilitate a service due to the constraints of a third party. Any statement or representation to the contrary shall be deemed null and void.
   3. 9.3. CommPeak reserves the right to modify, terminate, or otherwise make any changes to the Services offered at any time at its sole discretion, without liability to the User. This includes, but is not limited to, the right to (i) alter, modify, or otherwise change the methods, process, or vendors by or through which it provides Services; (ii) alter, modify, or otherwise change the facilities used to provide Services; (iii) Substitute comparable Services for that being provided under these Terms.
      1. 9.3.1. If necessary and possible, CommPeak will furnish prior notice of any such modifications, alterations, changes or substitutions, on its Website (see www.commpeakstatus.com).
      2. 9.3.2. CommPeak reserves the right, periodically and at any time, to suspend, terminate, or otherwise discontinue, temporarily or permanently, functions and features of the Services without notice, at any time in its sole discretion, all without liability to you, except where prohibited by law.
   4. 9.4. The User is responsible for making regular backups (“backup copies”) of its data. Backup Copies should be stored outside CommPeak’s servers. It is up to the User to perform a complete data backup prior to any change made to the information or data stored on CommPeak’s servers, whether such changes are made on the User’s behalf or the behalf of a third party. Notwithstanding the above, if, nonetheless, there is a loss of data, the User must restore the data.
   5. 9.5. Notwithstanding the foregoing, if you have prepaid fees to CommPeak for Certain Services that CommPeak permanently discontinued, CommPeak will refund you the prepaid fees after such discontinuation, all in accordance with our Payment Policy.

1. 10. Force Majeure
   1. 10.1. CommPeak shall not be liable for any costs or damages attributable to failure or delay in performance arising out of circumstances beyond its reasonable control, including, without limitation, fire, lightning, flood, explosion, power failure, acts of God, pandemic, war, revolution, civil commotion, riot, law, industrial dispute of any kind, or labor unrest such as strikes, slowdowns picketing or boycotts, power shortages or interruptions, order, regulation, ordinance or requirement of any government or its representative or legal body having jurisdiction, an act of government or other regulatory bodies and any other circumstances beyond the reasonable control of CommPeak. (each a “Force Majeure Event”).
   2. 10.2. Notwithstanding any provision of this Agreement, if CommPeak is prevented, hindered, or delayed in or from performing any of its obligations under this Contract by a Force Majeure Event, CommPeak shall not be in breach of this Contract or otherwise liable for any such failure or delay in performing any of its obligations hereunder.
   3. 10.3. If CommPeak is prevented, hindered, or delayed in or from performing any of its obligations under this Contract by a Force Majeure Event, CommPeak shall:
      1. (a) as soon as reasonably practicable after the start of the Force Majeure Event, notify Users of the Force Majeure Event, the date on which it started, its likely or potential duration, and the effect of the Force Majeure Event on its ability to perform any of its obligations under this Contract;
      2. (b) use all reasonable endeavors to mitigate the effect of the Force Majeure Event on the performance of its obligations.

1. 11. Third-Party Services
   1. 11.1. The user acknowledges and agrees that the utilization of third-party software and/or services in conjunction with CommPeak’s Services is subject to the relevant third-party terms and policies provided by the respective third party, which are subject to periodic amendments. It is the user’s sole responsibility to diligently review, scrutinize, and assess the content of these third-party terms and policies. Furthermore, the user agrees and affirms that the use of third-party services in connection with CommPeak Services is in compliance with the applicable third-party terms and policies. The user also consents that CommPeak’s access to the information or services provided by such third-party services is entirely at the user’s own risk. CommPeak is not accountable for any breach on the part of the User nor for the suspension or termination of the User’s account by a third party. This applies in cases where the said third party determines that the User is in violation of their terms and policies by using the service in conjunction with CommPeak or by granting CommPeak access to the third party’s information, website, or other interfaces.
   2. 11.2. CommPeak might post links to other websites and/or third-party services. These links do not constitute an endorsement of a particular website, the content, products, advertising, or other materials presented on such Sites. Still, they are provided to you for your reference and convenience only. It is the User’s responsibility to carefully read, investigate and evaluate the content and usefulness of these websites and the information they provide. You hereby acknowledge and agree that any use of any third-party website is governed by the terms and conditions for those websites.
   3. 11.3. Further, you are accessing such third-party websites and/or using such third-party services at your own risk. If there are any issues concerning advice and/or service received by a user from any third parties or any other user of website or services unrelated to CommPeak or any claims, controversies, suits, or any damages whatsoever that may arise, users must deal directly with said third parties to resolve any disputes.
   4. 11.4. CommPeak expressly disclaims any liability for any damages whatsoever incurred by any user in connection with the use of any third-party website and/or services, the access to which was found through our Website or utilize in connection with CommPeak’s Services.

1. 12. Identifier
   1. 12.1. Unless provided otherwise by law, you hereby acknowledge and state that you have no property rights to any information, credentials, phone number, or other identifiers (“Identifier”) we have provisioned for use with our Website, Services, or Devices. Further, you expressly agree that CommPeak may change any such Identifier at any time with or without prior notice to you.
   2. 12.2. CommPeak reserves the right to refuse to port or transfer any Identifier we provisioned for any reason.
   3. 12.3. In the event CommPeak is required by law to transfer any Identifier to you on termination of this Agreement, transfer fees may apply.

1. 13. Intellectual Property
   1. 13.1. Unless otherwise stated, all materials including, without limitation, text, graphics, logos, brand names, images, designs, photographs, video clips and software codes, trade secrets, design concepts, discoveries, ideas, enhancements, improvements, and inventions related thereto or derived therefrom pursuant to this Agreement other materials (collectively “Proprietary Material”) that appear or incorporated as part of our Website and/or Services are owned, controlled or licensed by CommPeak.
   2. 13.2. This Proprietary Material is protected in all forms, media, and technologies now known or hereinafter developed.
   3. 13.3. Nothing on this Agreement, our Website, and/or Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Proprietary Material.
   4. 13.4. You may not copy, download, use, redesign, reconfigure or re-transmit any of the Proprietary Material without CommPeak’s prior express written consent and/or the relevant right holder. Further, CommPeak’s company name, logo, or any other Proprietary Material, may not be used in any way, including in advertising or in connection with any marketing materials, without prior written permission from CommPeak.
   5. 13.5. Violation of this policy may result in copyright, trademark, or other intellectual property rights violations and subject you to civil suit or criminal penalties in addition to the termination.
   6. 13.6. CommPeak respects the intellectual property of others and asks that you do the same. If you believe, in good faith, that any material on our Website infringes upon your rights, please contact us at [email protected].

1. 14. Disclaimer of Warranties and Limitation of Liability
   1. 14.1. OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS UNLESS OTHERWISE SPECIFIED IN WRITING. COMMPEAK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AS TO THE OPERATION OF OUR SERVICES, INCLUDING ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF COMMPEAK SERVICES IS AT YOUR SOLE RISK.
   2. 14.2. TO THE FULL EXTENT PERMISSIBLE BY LAW, COMMPEAK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA).
   3. 14.3. TO THE FULL EXTENT PERMISSIBLE BY LAW, COMMPEAK WILL NOT BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: (A) YOUR INABILITY TO USE OUR SERVICES, INCLUDING AS A RESULT OF ANY (I) TERMINATION OR SUSPENSION OF SERVICES OR YOUR USE OF OR ACCESS TO SUCH SERVICES, (II) OUR DISCONTINUATION OF ANY OR ALL OF THE SERVICES, OR, (III) ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE SERVICES FOR ANY REASON, INCLUDING AS A RESULT OF POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (C) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH USE OF OR ACCESS TO OUR SERVICES; OR (D) ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF YOUR DATA.
   4. 14.4. IN ANY CASE, COMMPEAK’S AGGREGATE LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAY US FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS PRECEDING THE CLAIM.

1. 15. Indemnification
   1. 15.1. You hereby acknowledge and agree to defend and indemnify CommPeak, CommPeak’s employees, officers, directors, and representatives from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to any third-party claim concerning: (1) your use of our Services; (2) violation of applicable law or regulation by you.
   2. 15.2. You hereby acknowledge and agree that if we or our vendors or any third-party service providers or affiliates are obligated to respond to a third-party subpoena or other compulsory legal order or process described above, you will reimburse us for reasonable attorneys’ fees, as well as our employees and vendors’ time and materials spent responding to the third-party subpoena or other compulsory legal order or process at our then-current hourly rates.
   3. 15.3. CommPeak will promptly notify you of any claim subject to Section 14.1. Still, failure to do so will only affect your obligations under Section 14.1 to the extent that our failure prejudices your ability to defend the claim.

1. 16. Security and Data Privacy
   1. By accessing and/or using CommPeak’s Website and or any of our Services, you consent to our collection, use, and processing of your data in accordance with our Privacy Policy and Data Processing Addendum. Please review our Privacy Policy, available at https://www.commpeak.com/legal/privacy-policy, and Data Processing Addendum, available at: https://www.commpeak.com/legal/data-processing-addendum. These policies are incorporated herein by reference.

1. 17. Confidentiality
   1. 17.1. You hereby acknowledge and agree not to disclose CommPeak’s Confidential Information during the term of this Agreement or at any time during the three years following the end of this Agreement.
   2. 17.2. You hereby acknowledge and agree to take all reasonable measures to avoid disclosure, dissemination, or unauthorized use of CommPeak’s Confidential Information, including, at a minimum, those measures you take to protect your own confidential information of a similar nature.

1. 18. Notices
   1. 18.1. All communications and notices to be made or given pursuant to this Agreement must be in the English language.
   2. 18.2. CommPeak may provide any notice to you under this Agreement by (i) posting a notice on our Website; or (ii) sending a message to the email address then associated with your account.
      1. 18.2.1. Notices posted on CommPeak Website will be effective upon posting, and notices sent by email will be effective when we send the email.
      2. 18.2.2. It is your responsibility to keep your email address current and periodically check our Website. You will be deemed to have received any email sent to the email address then associated with your account when we send the email, whether you receive the email or not.
   3. 18.3. Notice to CommPeak could be provided by personal delivery, overnight courier, or registered or certified mail to CommPeak Limited, 1003 Centre Point, 181-185 Gloucester Road, Wan Chai, Hong Kong.
      1. 18.3.1. Notices provided by overnight couriers will be effective two business days after they are sent.
      2. 18.3.2. Notices provided in registered or certified mail will be effective three business days after they are sent.
   4. 18.4. Notices must contain specific information to allow us to identify you and your Services.

1. 19. Severability
   1. 19.1. This Agreement is the entire agreement between you and CommPeak regarding the subject matter of this Agreement. This Agreement supersedes all prior or contemporaneous representations, understandings, agreements, or communications between you and us, whether written or verbal, regarding the subject matter of this Agreement.
   2. 19.2. CommPeak reserves the right to change its Website, Policies, and Terms of Use at any time. If any of these conditions shall be deemed invalid, illegal, or unenforceable in any jurisdiction, such provision will be deemed amended to conform to applicable law so as to be valid, legal, and enforceable in such jurisdiction without altering the purpose and intent of the parties materially hereto; if such provision cannot be so amended, it will be stricken, and the remainder of this Agreement will remain in full force and effect unless the striking of such provision materially undermines the purpose and intent of the parties hereto, in which case this Agreement shall be null and void.

1. 20. Disputes and Applicable Law
   1. 20.1. User hereby irrevocably agree that these Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales without regards to its conflicts of laws provisions.
   2. 20.2. The English courts will have exclusive jurisdiction over any dispute or claim arising from or related to your use of our Website and/or Services, and you consent to the exclusive jurisdiction and venue in these courts.

1. 21. Definitions
   The following words and expressions in this part, when they appear in this Agreement or within any related document and unless the context or the text clearly indicates otherwise, have the following meaning:
   1. 21.1. “CommPeak” means a company incorporated under the laws of Hong Kong, registration number 1691980, having its principal place of business at 1003 Centre Point, 181-185 Gloucester Road, Wan Chai, Hong Kong.
   2. 21.2. “User” means any individual or entity directly or indirectly through another user accesses or uses CommPeak’s Website and/or Services.
   3. 21.3. “Website” means the website resources and domain credentials owned and managed by CommPeak, which includes web pages and multimedia content, accessible via an IP network such as the internet or LAN.
   4. 21.4. “Services” means all services made available by CommPeak, including those existing today and developed later.
   5. 21.5. “Software” means any software, scripts, apps, or other code provided to the User by CommPeak for use with the Services.
   6. 21.6. “Device” means a unit of physical hardware or equipment provided by CommPeak to the User for using the Services.
   7. 21.7. “Privacy Policy” means CommPeak’s privacy policy currently available at: https://www.commpeak.com/legal/privacy-policy, as it may be updated from time to time.
   8. 21.8. “Payment Policy” means CommPeak’s payment policy currently available at: https://www.commpeak.com/legal/payment-policy, as it may be updated from time to time.
   9. 21.9. “Policies” means CommPeak’s Privacy Policy, Terms of Use, Payment Policy, and any other policy or terms and conditions referenced in or incorporated into this Agreement.
   10. 21.10. “Confidential Information” means all nonpublic information disclosed by us that is designated as confidential or that, given the nature of the information or circumstances surrounding its disclosure, reasonably should be understood to be confidential. CommPeak’s Confidential Information includes: (a) nonpublic information relating to our technology, promotional and marketing activities, finances, and other business affairs; (b) third-party information that we are obligated to keep confidential; and (c) the nature, content, and existence of any discussions or negotiations between you and CommPeak. Confidential information does not include any information that: (i) is or becomes publicly available without breach of this Agreement; (ii) can be shown by documentation to have been known to you at the time of your receipt from us; (iii) is received from a third party who did not acquire or disclose the same by a wrongful or tortious act; or (iv) can be shown by documentation to have been independently developed by you without reference to the CommPeak.

1. 22. Interpretation
   1. 22.1. Unless otherwise stated, a reference herein by numerical or alphabetical designation to an Article, Section, Subsection, Paragraph, Subparagraph, Annex, or Appendix shall refer to the Article, Section, Subsection, Paragraph, Subparagraph, Annex, or Appendix bearing that designation in or to the Agreement;
   2. 22.2. words importing the singular shall include the plural and vice versa, and words importing a particular gender shall include all genders;
   3. 22.3. the necessary grammatical changes required to make the Agreement’s provisions apply shall in all instances be assumed as though in each case fully expressed.
   4. 22.4. The division of the Agreement into Articles, Sections, Subsections, Paragraphs, and Subparagraphs and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of the Agreement.