Terms of Use

Welcome to Commas, Inc. (“Commas,” the “Company,” “we,” “our,” or “us”). These terms of use (as amended, restated, supplemented, or otherwise modified from time to time, “Terms of Use”) apply to all of our products and services, which include, without limitation, the commas.app.com website (the “Website”), any mobile phone application that can be used to access our platform and services if and when made available in the future (the “App”), the educational materials we transmit by email, blog, or any other medium, any services provided by Commas or our employees or contractors in connection with your use of such products, any physical property of Commas, any software provided on or in connection with the foregoing, and any other products or services made available by Commas in the future (all of such products and services, collectively, our “Services”). These Terms of Use apply throughout the entire duration of your use of all or any portion of our Services. These Terms of Use apply whether you simply browse or access all or a portion of our Services without an account (a “Visitor”) or you create a User Account (as defined below) (a “Registered User”). Visitors and Registered Users are referred to collectively herein as “Users” or “you”.

These Terms of Use as well as any other additional terms made available to you by Commas from time to time constitute a legally binding agreement between Commas and you, governing your use of our Services. By accessing or using all or any part of our Services, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you acknowledge that you have read and accept, and agree to become bound and to abide by, these Terms of Use. If you are entering into these Terms of Use on behalf of a company, organization, or other business entity, you represent and warrant that you are authorized to enter into these Terms of Use on behalf of such company, organization, or other business entity. If you do not agree to these Terms of Use, please do not use or access all or any part of our Services in any way.

If you are a Business User (as defined below), your use of our Services is governed by both these Terms of Use and those terms in the applicable separate agreement(s) between Commas and the third party commercial customer (“Business Customer”) to which your User Account is linked. You may request a copy of the applicable separate agreement(s) from the Business Customer with which you are associated, but there is no guarantee that they will provide you with access to such agreement(s), and Commas has no separate obligation to do so. We have attempted to summarize the most material terms of such agreements generally as they pertain to you in these Terms of Use, but this is not an exhaustive summary nor is it necessarily accurate as it relates to the specific agreement(s) to which you may be subject, and reference should be made to such agreement(s) in their entirety for a fulsome understanding of the terms to which your use of our Services may be subject, if you are a Business User.

1. Privacy and Security  

Commas respects your privacy and is committed to protecting it through our compliance with our Privacy Policy (as amended, restated, supplemented, or otherwise modified from time to time, the “Privacy Policy”). For more information, please review our Privacy Policy, located at https://www.commasapp.com/privacy.

2. Changes to Our Terms of Use

Commas may, in our sole discretion, change, modify, supplement, amend, or remove all or any part of our Terms of Use at any time and from time to time. Any modification will be emailed to Registered Users and posted on this page and become effective from the date of such posting, and from such effective date will supersede all prior versions in their entirety. The “Last Modified” date at the bottom of the page reflects when the most recent modifications became effective. You are deemed to have agreed to the most current version of our Terms of Use by accessing or using our Services in whole or in part, or by clicking to accept or agree to the Terms of Use when this option is made available to you, beginning on the “Last Modified” date. If you do not agree to a modification, your sole recourse is to terminate your use of our Services in their entirety immediately. Commas encourages you to periodically review our Terms of Use to stay informed about any modifications.

  

3. Eligibility

You may use the Services only if you can form a binding contract with Commas, and only in compliance with these Terms of Use and all applicable local, state, national, and international laws, rules, and regulations.

Commas does not permit individuals under 18 years of age to use our Services. By using our Services, you represent and warrant that you are at least 18 years of age. You agree that if you are under 18 years of age, your use of the Services is unauthorized, unlicensed, and in violation of these Terms of Use.

Commas does not permit individuals outside of the United States to use our Services. Our Services are controlled, operated, and administered from the United States. If you access our Services from a location outside the United States, you are responsible for compliance with all local laws and do so at your own risk. You agree that you will not use Commas content in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

4. Service Types

In the future, Registered Users will be able to access either a free, limited version of our Services (“Basic Service”) or a subscription-based, premium version of our Services (“Premium Service”). Currently, only the Basic Service is available. At all times, the particular features offered on the Basic Service and the Premium Service are determined by Commas in our sole discretion and are subject to change at any time and from to time in our sole discretion. Once a Premium Service is made available, Registered Users may be able to upgrade their accounts to the Premium Service for a fee, or may be able to access the Premium Service free of charge through their affiliation with a Business Customer, if applicable (the Premium Service, when accessed through a User Account linked to a Business Customer, the “Business Premium Service,” and such users, “Business Users”). If and when made available in the future, Registered Users of the Basic Service who wish to upgrade to the Premium Service must visit the profile page of their User Account, select “upgrade my experience” and provide their credit card information to make required recurring payments to Commas as described below. If, at the time a Premium Service is made available, you are a Business User of the Basic Service, you may upgrade to the Premium Service by applying the sign-up code provided by the Business Customer if the email address connected to your User Account is your organizational email address with the relevant Business Customer, or, if you are at that time using a different email address, adding your organizational email address with the relevant Business Customer as a secondary email address on your User Account, then applying the sign-up code provided by the Business Customer.

5. User Accounts 

To access most of our Services, you must become a Registered User by signing up for a user account (“User Account”). To create a User Account, Users are required to provide their first and last name, phone number, email address, and approximate yearly income, answer questions related to their financial goals, spending habits, and comfort dealing with and managing money, provide any other information Commas may reasonably request from time to time, and verify their phone number and email address using whichever procedures Commas in its sole discretion deems necessary or advisable. You may further be given the option to integrate your User Account with Third Party Services (as defined below) as described in more detail in Section 9. You agree to provide true, accurate, current, and complete information to, and as requested by, Commas in creating and continuing to use your User Account. If any of your information changes, you agree to update your information as soon as possible. If Commas suspects that your information is not true, complete, current, or accurate, we may suspend or terminate your User Account in whole or in part in our sole discretion.

If you are a Business User, you should apply the sign-up code provided by the relevant Business Customer to create a User Account using your organizational email address with the relevant Business Customer, or utilize whatever other procedures are outlined in the materials provided to you by the relevant Business Customer with respect to onboarding. If you are already a Registered User when you receive such a sign-up code, you may link your User Account to the Business Customer by connecting your e-mail address associated with the Business Customer to your User Account, if not already the email address associated with your User Account, and then applying the sign-up code provided by the Business Customer. Failure to create your User Account in this manner may result in your payment of fees to Commas that have already been paid by the relevant Business Customer, none of which will be refunded.

You are responsible for maintaining the confidentiality of your User Account information and password. You are also responsible for all activities that occur under your User Account. You shall not assign or otherwise transfer your User Account to any other person or entity. You shall notify us immediately if you know of or suspect unauthorized use of your User Account. Commas is not liable for any losses caused by any unauthorized use of your User Account.

You shall not register for more than one User Account, create a User Account on behalf of someone else, or create a User Account using a false or misleading identity. If your User Account is revoked for any reason, you shall not register for a new User Account using another name or through other means. You also shall not use the User Account of any other User at any time. 

Commas reserves the right to terminate your User Account at any time and from time to time, in whole or in part, for any or no reason, including, without limitation, if we believe that you have breached these Terms of Use in any way. Commas specifically disclaims any and all liability for the deletion or failure to store any data or information associated with your User Account provided by you or otherwise maintained or transmitted to Commas by a Third Party Service.

6. Payment and Cancellation

6.1 Processing. Payments and purchases are processed via a third party payment vendor, which is currently Stripe but is subject to change at any time and from time to time at Commas’ sole discretion. Transactions processed via a third party payment vendor are subject to the terms of use and privacy policies of the applicable payment vendor. Commas takes no responsibility and assumes no liability for any actions or omissions of such third party. To the extent permitted by applicable law and subject to our Privacy Policy, you acknowledge, agree, and authorize that we may use certain third party payment vendors and service providers to process payments, manage debit and credit card information, and detect and prevent fraud.

6.2 Agreement to Pay.

(a) Basic Service. No payments are required to use our Basic Service. 

(b) Premium Service. To use our Premium Service, unless you are a Business User, you shall initially pay the charges shown to you at the time of purchase for the subscription option you select, and your User Account and payment method you provide at checkout will be charged immediately upon purchase for the initial subscription period you select. Applicable taxes and other charges might apply. Your initial purchase may be subject to a minimum commitment duration, or you may receive discounts from the full price depending on the commitment duration you select or any deals or promotions that may be effective at the time you subscribe. Your purchase is subject in all respects to any additional pricing, terms, and conditions shown or made available to you by Commas during the subscription and payment process. 

(c) Business Premium Service. If you are a Business User, you are eligible for the Business Premium Services. Business Premium Services are purchased directly by our Business Customers for the benefit of Business Users. When a Business Customer purchases Business Premium Services for Business Users, the relevant Business Users identified in writing to Commas by the relevant Business Customer have access to the Business Premium Service until the separate agreement(s) between Commas and such Business Customer are terminated or expire, without the need for the Business Users to make any payments on their own, other than for a la carte features such as may be made available in the future, or additional upgrades that may not be part of the package selected by the relevant Business Customer.

6.3 Auto-Renewal. If you are a Business User, the renewal terms of your access to the Services are subject in all respects to a separate agreement(s) between Commas and the relevant Business Customer. 

If you are not a Business User but do subscribe for the Premium Service, your Premium Service membership automatically extends for successive renewal periods of the same duration selected at the time of your purchase, at the then-current non-promotional subscription rate. Your noncancellation of the Premium Services by the date specified for cancellation for the applicable billing cycle authorizes us to charge you for the next billing cycle. Commas may change the price for recurring subscription fees from time to time and at any time without notice to you and you shall pay the rates then currently in effect for the version of the Service you select on the date your subscription renews. Price changes take effect at the start of the next subscription period following the date of the price change. If you do not agree to the price change, you must unsubscribe before the last available cancellation date relevant to the next subscription period. If you purchased a multiple-period prepayment plan or you were eligible for a promotional rate but are no longer eligible for that rate, then your subscription renews at our then-current non-promotional subscription rates at the start of the renewal period. 

6.4 Cancellation. 

(a) Cancellation of Basic Service. If you are a Registered User of the Basic Service, you may cancel your Basic Service at any time by contacting Customer Support at support@commas.app.

(b) Cancellation of Premium Service. If you are not a Business User but do subscribe for the Premium Service, you may cancel your Premium Service subscription at any time by contacting Customer Support at support@commas.app. If you terminate your Premium Service subscription, you will continue to have access to our Premium Service through the last date of the then-current subscription period for which you have paid. 

(c) Cancellation of Business Premium Service. The Business Customer paying for your Business Premium Service subscription controls such subscription and may terminate your access to our Business Premium Services at any time. You agree that we will not be liable to you or any third party for any termination or cancellation of your access to, or use of, our Business Premium Services. If you are no longer eligible to receive our Business Premium Service as a benefit from a Business Customer, the Business Customer may terminate your access to our Business Premium Services. You may cancel your Business Premium Service subscription at any time by contacting Customer Support at support@commas.app or if applicable following whichever other cancellation procedures are advised to you by Commas or the relevant Business Customer.

(d) Effect of Cancellation or Non-Payment. If your credit or debit account has been closed or your payment method is otherwise invalid such that we or the Third Party Services with which we work are not able to collect payment for an upcoming billing cycle, or if the agreement between Commas and the Business Customer with whom your User Account is associated expires or is otherwise not renewed, your subscription may not renew and we may either downgrade your User Account automatically to the Basic Service, or disable or suspend your User Account, effective as of the end of your current billing cycle, in our sole discretion, until payment for the next billing cycle is made. Note that cancellation of your subscription may not result in deletion of your User Account. For information on your rights with respect to the deletion of your User Account, please see our Privacy Policy.

(e) Refunds. Commas does not provide refunds or credits for any cancellations or partial subscription periods in any event.

6.5 Modifications. Commas reserves the right to revise the terms of the agreement to pay, prices charged for the Services, and cancellation policies, at any time and from time to time. 

6.6 Denominations. All prices are quoted in U.S. Dollars unless otherwise indicated.

7. Modifications and Access to our Services

Commas reserves the right, at any time and from time to time, to modify or discontinue, temporarily or permanently, to you or to Users generally, our Services (or any part thereof) with or without notice. We may permanently or temporarily terminate or suspend your access to our Services without notice or liability for any reason, including if we determine that you violated any provision of these Terms of Use, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms of Use. Commas shall not be liable to you or to any third party for any modification, suspension, or discontinuance of our Services, in whole or in part.

You understand and agree that there may be interruptions in our Services, Services access, or access to your User Account due to circumstances both within and outside of our control, such as instances of system failure, maintenance, repair, or malfunction. We take all reasonable steps to ensure that the Website and App (if made available in the future) are available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and other technical issues. Where possible we will try to give you advance warning of maintenance issues but shall not be obliged to do so. We have no liability to you or any other person or entity as a result of unavailability of our Services for any reason.

Commas does not represent or warrant that our Services will be compatible or interoperable with your web browser, hardware, software, equipment, or device. Currently, Commas is optimized for desktop browsing using Chrome. Furthermore, you acknowledge that compatibility and interoperability problems can cause the performance of your web browser, hardware, software, equipment, or device to diminish or fail completely, and may result in permanent damage, loss of data, and corruption of your software and files. You acknowledge and agree that Commas has no liability to you for any losses suffered resulting from or arising in connection with compatibility and interoperability problems.

8. Electronic Communications 

Visiting the Website, accessing the App (if made available in the future), and texting with and sending emails to Commas constitute electronic communications. Our delivery of our Services to you is heavily dependent on your consent to receiving electronic communications, particularly via email and SMS.

You consent to receive communications from Commas about these Terms of Use, the Privacy Policy, our Services, and any notifications that may be required by law or for other business purposes through electronic means, including but not limited to email, SMS text messaging, push notifications, or by posting on the Website or App (if made available in the future). You may also from time to time receive promotional communications from Commas. These promotional communications, as well as other communications you may receive such as emails containing educational content and some texts and emails related to your direct use of the Services as a User may be opted out of by changing the messaging preferences in your account or by emailing support@commas.app. If you later decide that you do not want to receive future electronic communications from Commas, you may send an email to support@commas.app. Many of our Services’ current and future features make use of SMS messaging. If you wish to opt out of these communications related to the provision of our Services and rely on our Website (or App, if applicable in the future) instead, you may reply with “STOP”, but you are notified that our Services may not function as well as intended if you do so. Other electronic communications, for example, about our Terms of Use and Privacy Policy, other operational aspects of our Services, and notifications required by law or for other business purposes unrelated to your direct use of our Services, cannot be opted out of. You may still choose to opt out of such electronic communications, but in such case, we will terminate your User Account and/or access to our Services.

The delivery of any communication from us is effective when it is sent by us, regardless of whether you read the communication when you receive it or whether you actually receive the communication. You agree that all communications sent to you electronically satisfy any legal requirement that such communications be in writing.

9. Third Party Services, Accounts, and Links

Certain services made available via our Services, or that our Services are integrated with or with which our Services might otherwise interact, are delivered by third party websites, services, and applications that are not owned or controlled by Commas (“Third Party Services”). Some Third Party Services are required to make our Services available to you, and others, while not required, will optimize and maximize your experience of the Services. For example, you may link your User Account to one or more external eligible bank accounts or income accounts maintained at a third party financial institution or human resources provider to better sync the financial information in those accounts with that reported to us in connection with your User Account instead of manually providing information via SMS or on the Website, but you are not required to do so in order to use our Services. Specifically with respect to this type of Third Party Service, we use Plaid Technologies Inc. (“Plaid”) to collect Users’ Transaction Data (as defined below). An example of a Third Party Service which you are required to use in order to utilize our Services is our third party payment processor as described above.

When you link such Third Party Services to your User Account or otherwise utilize them in connection with your use of our Services, you authorize us or another Third Party Service to access and collect certain data from, and provide certain data to, each such Third Party Service, including, without limitation, account balances, transaction dates, involved merchants, transaction types and amounts, payment method information, gross income, net income, benefits contributions, deduction amounts, data, passwords, or other content (collectively, “Transaction Data”) in accordance with our Privacy Policy. By linking a Third Party Service to your User Account, you represent and warrant to Commas that you are the legal owner of the account associated with the relevant Third Party Service, that you have the right to disclose your login credentials for such account associated with such Third Party Service, and that you have the right to grant the authorizations with regard to such account associated with such Third Party Service. 

Commas does not own or control, and does not endorse or assume any responsibility for, any such Third Party Services. You use such Third Party Services at your own risk and expressly relieve Commas from any and all liability arising out of, relating to, or in connection with your use of any Third Party Services. If you access a Third Party Service from our Services, share your personal information on or through any Third Party Services, or use a Third Party Service to register for, log in to or otherwise utilize our Services, you do so at your own risk, and you understand that those Third Party Services may have their own terms of use and privacy policies, and that these Terms of Use and our Privacy Policy do not apply to your use of such Third Party Services. You further agree that Commas is not responsible or liable for any acts, errors, or omissions of any Third Party Service or for the accuracy, completeness, availability, or timeliness of the information provided by such Third Party Services to Commas or for any decisions you make on the basis of the information provided. If a Third Party Service stops providing access to some or all of the features or functionality currently or historically available or stops providing access to such features and functionality on reasonable terms, as determined by Commas in our sole discretion, we may stop providing access to certain features or functionality of our Service that depending on such features or functionality of Third Party Services that are no longer available. By using any product, service, or functionality originating from our Services, you hereby acknowledge and consent that Commas may share such information and data with any Third Party Service with whom Commas has a contractual relationship to provide the requested product, service, or functionality. You may withdraw your consent to the collection and use of Transaction Data by removing access to your accounts with the relevant Third Party Services from your User Account. To the extent permitted by applicable law, your withdrawal of consent to the collection and use of Transaction Data as described above may impact your ability to access our Services.

Our Services may contain links to other websites or content that we derive from third parties (“Linked Websites”). The Linked Websites are not under the control of Commas, and Commas is not responsible for the contents of any Linked Website. Commas has not reviewed all of the material made available on such Linked Websites nor any other materials, products, or advertising on the Linked Websites, and Commas does not represent or warrant as to the accuracy, currency, content, fitness, lawfulness, or quality of the material, goods or services available through Linked Websites. Commas provides these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Commas of the site or any association with its operators.   

When you click a link to a Linked Website or Third Party Service while using our Services, or use a Third Party Service that is integrated with our Services, we will not notify you that you have left our Services or that you are using such Third Party Services at that time.

 

10. Promotions

In addition to the terms and conditions of these Terms of Use, any periodic discounts, contests, sweepstakes, surveys, games, loyalty programs, or similar promotions (collectively, “Promotions”) made available through our Services may be governed by specific rules that are separate from these Terms of Use. By participating in any such Promotion, you will become subject to those rules, which may vary from these Terms of Use. We urge you to review any specific rules applicable to a particular Promotion, which will be linked with such Promotion, and to review our Privacy Policy which, in addition to these Terms of Use, governs any information you submit in connection with such Promotion. To the extent that the terms and conditions of such rules conflict with these Terms of Use, the terms and conditions of such rules will control.

11. Intellectual Property

Commas grants you a non-exclusive, non-transferable, revocable, limited, royalty-free license to view, access, and use our Services strictly in accordance with these Terms of Use and in any event solely for your personal, non-commercial use as contemplated herein. Our Services and all content included as part of our Services, such as text, graphics, logos, images, illustrations, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, as well as the compilation thereof, and any software used on our Services, and all intellectual property rights related thereto, are the property of Commas and are protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and to not make any changes thereto.   

You shall not modify, copy, distribute, publish, transmit, perform, reproduce, reuse, resell, license, reverse engineer, participate in the transfer or sale of, create derivative works of, or in any way exploit any of the intellectual property or content found on our Services, or our Services or any component thereof, in whole or in part. Commas content is not for resale. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Commas or our licensors except as expressly authorized by these Terms of Use and your use of our Services and any and all intellectual property thereon for any purpose not expressly permitted by these Terms of Use is strictly prohibited.

You may choose to or we may invite you to submit comments or ideas about our Service, including, without limitation, suggestions about how to improve our Service or our products (“Idea” or “Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited, and without restriction and will not place Commas under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Commas does not waive any rights to use similar or related ideas previously known to Commas, or developed by its employees, or obtained from sources other than you.

12. Prohibited Uses

As a condition of your use of our Services, you shall not use our Services for any purpose that is unlawful or prohibited by these Terms of Use. You shall not use our Services in any manner which could damage, disable, overburden, or impair our Services or interfere with any other party’s use and enjoyment of our Services. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through our Services.  

  

13. No Professional Advice

The information contained on our Services is not intended as, and you shall not understand, treat, or construe it as, investment advice. Commas is not a registered investment adviser, financial analyst, wealth manager, or financial planner, nor is Commas holding itself out to be. Neither Commas nor any of its employees or agents has any licenses to act as any of the foregoing with respect to you or your interaction with Commas. Commas makes no guarantee that information contained in our Services is error free or that any recommendations will be useful or will actually help Users achieve their financial goals. The information contained in our Services is not a substitute for advice from a professional who is aware of the facts and circumstances of your individual situation. Commas expressly recommends that you seek advice from a licensed professional.

14. Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: 

YOUR USE OF OUR SERVICES IS ENTIRELY AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CHANGES ARE PERIODICALLY MADE TO OUR SERVICES AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS MAKE NO REPRESENTATION OR WARRANTY:

  1. THAT OUR SERVICES OR ANY THIRD PARTY SERVICES WILL MEET YOUR REQUIREMENTS; 

  2. THAT OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; 

  3. AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR CORRECTNESS OF ANY CONTENT ON OUR SERVICES OR ANY ANALYSIS OR RECOMMENDATIONS PROVIDED TO YOU THROUGH OUR SERVICES; 

  4. AS TO WHETHER THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS; OR 

  5. AS TO WHETHER ANY ERRORS ON OUR SERVICES WILL BE CORRECTED. 

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF OUR SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. 

U.S. FEDERAL LAW, SOME STATES AND PROVINCES, AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS OF USE GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THESE TERMS OF USE WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. 

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMMAS OR FROM OUR SERVICES CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

15. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMMAS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, PERSONAL, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF COMMASA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

  1. THE USE OR THE INABILITY TO USE OUR SERVICES;

  2. ERRORS, MISTAKES, OR INACCURACIES OF ANY CONTENT OR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT MADE AVAILABLE THROUGH OUR SERVICES;

  3. THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SERVICES; 

  4. ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; 

  5. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN;

  6. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY;

  7. STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON OUR SERVICES; OR 

  8. ANY OTHER MATTER RELATING TO OUR SERVICES. 

IN NO EVENT SHALL THE COMPANY, ITS SUBSIDIARIES OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR LICENSORS BE LIABLE TO YOU FOR ANY LOSSES (AS DEFINED BELOW) IN AN AMOUNT EXCEEDING THE AMOUNT YOU HAVE DIRECTLY PAID TO COMMAS FOR USE OF THE SERVICES OR $100, WHICHEVER IS GREATER. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS.

16. Indemnification 

You shall indemnify, defend, and hold harmless Commas and its subsidiaries and affiliates and its and their respective officers, directors, employees, agents, and third parties, from and against any claims, damages, losses, costs, liabilities, and expenses (including, without limitation, reasonable attorney's fees) (collectively, “Losses”) relating to or arising out of your use of or inability to use our Services, your violation of any Terms of Use, your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations. Commas reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall fully cooperate with Commas in asserting any available defenses.

17. Governing Law

These Terms of Use are governed by and construed in accordance with the laws of the United States of America and the State of Delaware, without regard to its conflicts of law provisions. Use of our Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use. 

18. Arbitration 

For any dispute with Commas, you shall first contact us directly to attempt to resolve the dispute with us informally.

In the event that you and Commas are not able to resolve any dispute arising out of or concerning these Terms of Use or our Services whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator, and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in Chicago, Illinois. The arbitrator’s award will be final, and judgment may be entered upon it in any court having jurisdiction. The prevailing party shall be entitled to recover its costs and reasonable attorney’s fees.

19. Class Action and Jury Trial Waiver 

WITH RESPECT TO ALL PERSONS AND ENTITIES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS OF USE, YOU AND COMMAS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

20. Assignment 

You shall not transfer, delegate, or assign these Terms of Use, or any rights or licenses granted hereunder. Commas may transfer, delegate, or assign these Terms of Use and any rights and licenses granted hereunder in its sole discretion. Any attempted transfer, delegation, or assignment in violation hereof is null and void.

21. Severability

Except as otherwise provided herein, if any provision of these Terms of Use is found to be invalid, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms of Use, which will remain in full force and effect.


22. Headings and Interpretation

The Section headings used herein are for convenience only and are of no legal force or effect.


23. Entire Agreement

These Terms of Use constitute the entire agreement between the User and Commas with respect to our Services, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Commas with respect to our Services. A printed version of this agreement and of any notice given in electronic form is admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.


24. Termination

You may terminate these Terms of Use by discontinuing your use of all parts of our Services. Commas may, in its sole discretion and without prior notice, immediately terminate your User Account and access to all or any part of our Services. Commas shall not be liable to you or any third party for any termination of your User Account or access to the Services.


25. Violations of These Terms of Use; Waiver 

Please report any violations of the Terms of Use to Commas. Upon receiving such a report of a possible violation, Commas in its sole discretion may investigate the matter and take such action as Commas determines to be appropriate. No waiver by you or Commas of any breach, default, or failure to exercise any right allowed under these Terms of Use constitutes a waiver of any preceding or subsequent breach, default, waiver, or forfeiture of any similar or future rights under these Terms of Use. As such, Commas’ failure to exercise or enforce any right or provision of these Terms of Use does not constitute a waiver of such right or provision, and Commas may at any time choose to take an action that it is permitted or legally entitled to take, even if Commas has not taken such an action in the past in a same or similar situation.


26. California Residents 

The provider of services is Commas, Inc. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 (California residents only) or (916) 445-1254 (Sacramento area/out of state).

27. Contact Information 

If you have any questions or comments about our Terms of Use, or if you believe that Commas has not adhered to our Terms of Use, please contact Commas by emailing support@commas.app.

Commas, Inc.
1 E Erie St Suite 525-2625
Chicago, Illinois 60611  

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Last Modified May 16th, 2023