Welcome to Cometly (“Company,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your use of our websites (including cometly.com), web applications, and services that link to or reference these Terms (collectively, the “Service”). By accessing or using the Service, you (“Customer” or “you”) agree to be bound by these Terms, our Privacy Policy, End User License Agreement (EULA), and any other policies referenced herein. If you do not agree to these Terms, you may not use the Service.

IMPORTANT NOTE: This version of the Terms reflects our current pricing, free trial, and overage fee structures for the Lite, Standard, and Advanced plans, and supersedes any inconsistent terms previously made available. For customers currently on legacy or custom contract plans, the terms of your existing contract will govern to the extent they conflict with these Terms, unless otherwise mutually agreed in writing.

By using the Service, you agree to the processing of personal data as outlined in our Privacy Policy, which complies with GDPR. You have the right to withdraw consent for optional data processing, such as marketing, at any time by contacting privacy@cometly.com.

1. ELIGIBILITY AND ACCOUNT REGISTRATION

1.1 Eligibility

You must be at least 18 years old, or the age of majority in your jurisdiction, to use the Service. By using the Service, you represent and warrant that you meet this requirement.

1.2 Account Creation

To access certain features of the Service, you must register for an account by providing accurate, current, and complete information. You are responsible for maintaining the security of your account credentials and for all activities under your account. Please notify us at support@cometly.com immediately if you suspect any unauthorized use of your account.

Each individual accessing the Service must register for their own account. Sharing account credentials or using shared accounts is prohibited. Violation of this prohibition may result in immediate suspension or termination of access to the Service. Such violations will be considered a material breach of these Terms.

2. DESCRIPTION OF THE SERVICE

2.1 Overview

Cometly provides marketing analytics and attribution tools, enabling you to track events, website visitor activities, and attribute customer actions to their respective marketing sources. The Service can also facilitate data sharing back to advertising platforms to improve campaign performance.

2.2 Modifications

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice.

2.3 Third-Party Integrations

You may choose to connect the Service to third-party services. Your use of such third-party services is subject to their respective terms, and we are not responsible for their actions, data practices, or availability. You acknowledge that Cometly is not liable for any interruptions or issues caused by third-party services, and it is your responsibility to ensure such services are properly configured for use with the Service. We are not responsible for the accuracy, security, or availability of third-party services. You agree to address any issues related to such services directly with the respective third party. Cometly is not liable for third-party actions, delays, or outages and does not guarantee uninterrupted interoperability with such services.

3. PLANS, FREE TRIALS, AND FEES

3.1 Plan Options

• Lite Plan: $199/month, includes up to $10,000 in ad spend usage per billing cycle.
• Standard Plan: $499/month, includes up to $50,000 in ad spend usage per billing cycle.
• Advanced Plan: $999/month, includes up to $150,000 in ad spend usage per billing cycle.
• Enterprise Plans: Available upon request and subject to separate terms.

3.2 Free Trials

We offer a 14-day free trial for the Lite and Standard plans. During the free trial, you can use the Service at no charge, subject to the plan’s usage limits. Details about auto-renewal and cancellation options will be prominently displayed at sign-up. If you do not cancel before the trial ends, you will be automatically enrolled in the paid subscription for that plan, and your payment method will be charged accordingly. California residents have the right to cancel without penalty during the trial period, and refunds for applicable charges will be processed as required by law. If you are a resident of California, additional protections under the California Automatic Renewal Law may apply.

The trial period lasts exactly 14 days from the time of your initial sign-up. You will be automatically enrolled in a paid subscription plan at the end of the free trial period unless you cancel before the trial ends. Details about auto-renewal and cancellation options will be prominently displayed at sign-up. You can cancel your subscription at any time via your account billing settings or by contacting us at support@cometly.com.

3.3 Overage Fees

If your ad spend usage exceeds the included amount for your subscribed plan within a billing cycle, you will incur overage fees (“Overage Fees”) as follows:

• Lite Plan: $180 overage fee per $10,000 in additional ad spend over the billing cycle ($0.018 per ad spend dollar above the included $10,000 in ad spend).
• Standard Plan: $150 overage fee per $10,000 in additional ad spend over the billing cycle ($0.015 per ad spend dollar above the included $50,000 in ad spend).
• Advanced Plan: $120 overage fee per $10,000 in additional ad spend over the billing cycle ($0.012 per ad spend dollar above the included $150,000 in ad spend).
• Enterprise Plans: Custom overage fee per $10,000 in additional ad spend over the billing cycle. Available upon request and subject to separate terms.

By subscribing to the Service, you acknowledge and agree to pay applicable overage fees if your usage exceeds the included limits.

Overage Fees are calculated at the end of the applicable billing cycle and billed automatically on the subsequent invoice, where they will be itemized and clearly identified. By continuing to use the Service beyond the included ad spend limits, you explicitly agree to any applicable overage fees as described in this section.

3.4 Add-Ons

Add-ons refer to additional features, services, or capabilities that you may choose to include with your subscription, such as additional Spaces or Users. Add-ons are optional and designed to enhance the functionality of the core product.

Add-ons are billed at the following rates:

• Spaces: $199/month per Space.
• Users: $49/month per User.

Add-Ons are billed immediately upon being added to your plan, with the charges prorated based on the time remaining in your current billing cycle. Going forward, the cost of the add-ons will be seamlessly incorporated into your regular monthly subscription billing.

Modifications to Add-Ons:

• You may add or remove add-ons at any time through your account settings.
• Any additions will be billed immediately and prorated as outlined above.
• Removed add-ons will cease to renew in the next billing cycle; however, no refunds or credits will be issued for unused time or capacity.
• No refunds or credits will be issued for unused or partially used add-ons or capacities, regardless of when they are removed.

3.5 Billing and Payment

• Payment Method: You must provide a valid payment method. By subscribing, you authorize us to charge subscription fees, Overage Fees, and any applicable taxes to your payment method.
• Billing Cycle: Subscription fees are typically billed in advance on a monthly or annual basis, as selected by you. Overage Fees are billed in arrears at the end of the relevant billing cycle.
• Late Payments: If we cannot process your payment, we may suspend or terminate your access to the Service until all outstanding amounts are paid. You are responsible for any fees we incur in our collection efforts.

3.6 Taxes

All fees are exclusive of any applicable taxes, levies, or duties. You are responsible for payment of all such taxes associated with your subscription.

3.7 Refunds

All fees, including subscription fees and overage charges, are non-refundable unless otherwise required by applicable law or expressly agreed in writing by Cometly. California residents may have additional protections under the California Automatic Renewal Law (e.g., prorated refunds for certain cancellations). Prorated refunds for unused portions of a billing cycle are not available unless otherwise explicitly stated or required by applicable law. Please contact support for specific refund requests.

Refunds for billing errors or unauthorized charges may be issued at our discretion upon review.

3.8 Legacy or Contract Customers

If you are on a legacy or custom contract plan that includes different pricing or terms, your existing contract terms will govern in the event of any conflict, unless otherwise mutually agreed in writing.

4. LICENSE AND RESTRICTIONS

4.1 License Grant

Subject to these Terms and your payment of applicable fees, we grant you a limited, non-exclusive, non-transferable license to access and use the Service for your internal business purposes.

4.2 Restrictions

You shall not:

• (i) Resell or sublicense the Service;
• (ii) Reverse engineer or attempt to derive the source code of the Service;
• (iii) Use the Service in violation of any applicable laws or regulations;
• (iv) Use the Service to distribute malware or harass others.

5. CUSTOMER DATA, PRIVACY, AND DATA PROTECTION

5.1 Customer Data

“Customer Data” means any data submitted by you or collected on your behalf through the Service. You represent and warrant that you have all necessary rights and consents to provide Customer Data and that our processing of Customer Data in accordance with these Terms and our Privacy Policy will not violate any applicable laws or third-party rights.

5.2 Privacy and Compliance

Our processing of personal data is governed by our Privacy Policy and applicable data protection laws. As a customer, you are solely responsible for implementing and managing user consent mechanisms in compliance with applicable laws when using our Service. This includes obtaining, recording, and managing user consents before enabling tracking and data collection via the JavaScript pixel.

To learn how to gate Cometly behind user consent, check out our user consent help center article.

5.3 Data Security

We implement commercially reasonable measures to protect Customer Data. However, no data transmission or storage system is completely secure, and we cannot guarantee absolute security.

5.4 Data Retention

We will retain Customer Data as permitted by our internal policies and applicable law. You may request deletion of Customer Data, subject to legal or contractual limitations.

5.5 Data Processing Addendum (DPA)

For customers subject to GDPR or other data protection laws requiring a DPA, you may find the DPA available here. We will provide a signed Data Processing Addendum (DPA) upon request. The DPA will govern any conflicting terms regarding data processing.

We maintain an up-to-date list of sub-processors used to process personal data, available at: Cometly Third-Party Sub-Processors. We will notify customers of material changes to our sub-processor list at least 30 days prior to the effective date of the change, either via email or through your account dashboard. Customers who object to the use of a new sub-processor may terminate their subscription as per Section 19.3 SUSPENSION AND TERMINATION.

5.6 Sub-Processors and Data Transfers

Sub-Processors: Cometly engages carefully vetted third-party sub-processors to perform specific functions necessary for the operation of the Service, such as hosting, analytics, payment processing, and communication services. A current list of sub-processors is available at https://www.cometly.com/sub-processors and will be updated as necessary.

Each sub-processor is bound by written agreements that impose data protection obligations equivalent to those set forth in our Data Processing Addendum (DPA) and GDPR. By using the Service, you acknowledge and consent to our use of sub-processors to process Customer Data.

Data Transfers: Cometly primarily processes and stores data in the United States. For personal data transferred outside the European Economic Area (EEA), Cometly relies on Standard Contractual Clauses (SCCs) approved by the European Commission, and where necessary, implements supplementary measures such as encryption, anonymization, and restricted access controls to protect such data transfers.

Notification of New Sub-Processors: We will notify you of any new sub-processors at least 30 days before their engagement. You have the right to object to the use of a new sub-processor by providing a written objection within this period, stating specific reasons for the objection. If we cannot reasonably accommodate your objection, you may terminate your subscription without penalty.

To review the current list of sub-processors or to raise objections, visit: https://www.cometly.com/sub-processors or contact us at contact@cometly.com.

6. CONFIDENTIALITY

6.1 Definition

“Confidential Information” means any non-public, proprietary, or sensitive information disclosed by one party to the other that is designated as confidential or would reasonably be understood as confidential under the circumstances.

6.2 Obligations

Each party shall use the other party’s Confidential Information only to fulfill its obligations under these Terms and shall not disclose it to any third party without written consent, except as required by law. Each party shall protect Confidential Information with at least the same degree of care it uses to protect its own confidential information, but not less than reasonable care. Confidential Information does not include information that:

• (i) Is publicly available at the time of disclosure or becomes publicly available through no fault of the receiving party;
• (ii) Was already known to the receiving party without a confidentiality obligation;
• (iii) Is independently developed by the receiving party without use of or reference to the disclosing party’s Confidential Information; or
• (iv) Is lawfully obtained from a third party without breach of any confidentiality obligations.

7. INTELLECTUAL PROPERTY

7.1 Our IP

We retain all right, title, and interest in and to the Service and all related intellectual property, including any improvements, enhancements, or modifications.

7.2 Feedback

Any suggestions, feedback, or recommendations you provide shall be deemed non-confidential. We may use and incorporate such feedback without any obligation to you.

7.3 Derived Data

We retain ownership of any anonymized or aggregated data that is derived from the Service. We may use this derived data for analytics, product improvements, or other lawful purposes, provided that such use does not disclose personally identifiable information or otherwise violate applicable laws.

7.4 Open Source Dependencies

The Service may include or rely on third-party and open-source software components (“Open Source Components”) that are licensed under their respective license terms. You acknowledge and agree that:

• Ownership and Licensing: Open Source Components are not owned by Cometly, and their respective licensors retain all intellectual property rights and ownership.
• License Terms: Use of the Open Source Components is governed solely by the terms of the applicable open-source licenses. To the extent there is a conflict between these Terms and the open-source licenses, the terms of the open-source licenses will govern with respect to the Open Source Components.
• Disclaimer of Liability: Cometly makes no representations or warranties, express or implied, with respect to the Open Source Components, including but not limited to warranties of merchantability or fitness for a particular purpose. Any issues arising from the use of Open Source Components should be addressed with their respective licensors.
• No Ownership or Claims: You shall not assert any ownership or intellectual property claims over the Open Source Components provided through the Service.

8. PROHIBITED DATA AND ACTIVITIES

8.1 Prohibited Data

You agree not to use the Service to collect, store, or process any data that is subject to heightened legal or regulatory protections (e.g., health information governed by HIPAA, payment card data governed by PCI-DSS) unless you have obtained our prior written consent and implemented any additional required safeguards.

You acknowledge that the Cometly platform allows you to create custom “Events” to track user actions or conversions. Under no circumstances shall you use these Events (or any other feature of the Cometly platform) to collect or track:

• Health Information protected under any applicable data protection or healthcare law (e.g., HIPAA in the United States), including but not limited to details about an individual’s health status, medical treatments, or insurance information (“Protected Health Information” or “PHI”).
• Sensitive Financial Information such as complete credit or debit card numbers, bank account details, or other data subject to PCI-DSS or any similar financial data protection standard.

In addition to health- and finance-related data, you shall not collect or process any other category of information that is considered highly sensitive or subject to heightened legal or regulatory obligations, including but not limited to government-issued identification numbers (e.g., Social Security numbers), biometric data, or other special categories of personal data under applicable law.

Right to Terminate for Non-Compliance

You expressly agree that Cometly may immediately suspend or terminate your account or access to the Services if you violate this Section, or if Cometly reasonably believes you are transmitting or storing any of the prohibited data identified herein.

Your Responsibilities

• Compliance With Laws: You are solely responsible for ensuring that your use of the Cometly platform, including any Events you create, complies with all applicable laws and regulations.
• Liability: You assume full liability for any unauthorized or non-compliant data you submit or track through the Cometly platform. Cometly will bear no liability for any claims arising from your failure to comply with this Section.

8.2 Prohibited Activities

You shall not use the Service to engage in any unlawful activities, distribute harmful code, infringe the intellectual property or privacy rights of others, or violate our Acceptable Use Policy (AUP).

9. COMPLIANCE WITH INDUSTRY REGULATIONS

9.1 Customer Responsibility

Certain industries (e.g., healthcare, finance) have unique compliance requirements. You are solely responsible for determining whether the Service meets your regulatory requirements and for complying with all applicable laws and industry regulations when using the Service.

10. SERVICE AVAILABILITY AND UPTIME

10.1 No Guarantee

While we strive to provide reliable and continuous access to the Service, we do not guarantee uninterrupted or error-free performance. Temporary interruptions may occur for maintenance, upgrades, or circumstances beyond our control. We will use commercially reasonable efforts to minimize such interruptions. Scheduled maintenance or upgrades will be communicated in advance whenever possible to minimize disruptions to the Service.

10.2 Service Level Agreement (SLA)

Unless otherwise specified in a separate SLA, we make no specific uptime commitments. Any SLA, if offered, will be provided separately and shall govern to the extent it conflicts with these Terms.

11. EXPORT CONTROL AND COMPLIANCE

11.1 Export Laws

You shall comply with all applicable export control and economic sanctions laws. You warrant that you are not located in, under the control of, or a national or resident of any restricted country and that you are not on any government-prohibited list.

12. LANGUAGE AND GOVERNING VERSION

12.1 Governing Language

These Terms are written in English. If we provide a translation, it is for convenience only. In the event of any conflict between the English version and a translated version, the English version shall control.

13. NOTICES

13.1 Notices to You

We may provide notices to you by email, by posting on our website, through your account dashboard, or by other reasonable means.

13.2 Notices to Us

You shall provide notices to us at support@cometly.com or via any method specified on our website.

14. FORCE MAJEURE

14.1 Events Beyond Control

Neither party shall be liable for delays or failures to perform any obligation under these Terms due to events beyond their reasonable control, including but not limited to acts of God, natural disasters, labor disputes, cyberattacks, pandemics, government actions, or other unforeseen circumstances (“Force Majeure Events”). Force Majeure Events shall not excuse your obligation to pay any fees due under these Terms unless explicitly waived by us in writing.

14.2 Subscription Fees and Service Disruption

If a Force Majeure Event causes a disruption to the Service, subscription fees will remain non-refundable. However, if the disruption persists for more than thirty (30) consecutive days, we will extend your subscription term to cover the period of unavailability at no additional charge.

If the disruption continues beyond ninety (90) consecutive days, either party may terminate these Terms by providing written notice to the other. Termination under this clause does not relieve you of payment obligations incurred prior to the effective date of termination.

14.3 Notice and Mitigation

The affected party must notify the other party promptly of the Force Majeure Event, including details on its nature and expected duration. Both parties shall take reasonable measures to mitigate the impact. The affected party must provide written notice of the Force Majeure Event within five (5) business days of its occurrence, including reasonable details and the anticipated duration.

14.4 Termination for Extended Force Majeure Events

If a Force Majeure Event prevents either party from fulfilling its obligations for more than ninety (90) consecutive days, either party may terminate these Terms upon written notice to the other party. Termination does not relieve you of payment obligations incurred prior to the effective date of termination.

15. BETA SERVICES AND NO FUTURE COMMITMENTS

15.1 Beta Services

From time to time, we may offer Beta Services. Beta Services are provided “as is,” without warranties, and may be changed, suspended, or discontinued at any time. We are not obligated to release Beta Services into general availability. By enabling Beta features, you acknowledge the potential for increased instability or data issues. We reserve the right to modify or discontinue Beta features at any time. Beta Services are provided "as is" and may contain bugs or errors. Cometly is not liable for issues arising from Beta Service usage.

15.2 No Reliance on Future Functionality

You agree that you have not relied on the availability of any future features or functionality in entering into these Terms, and we have no obligation to deliver or implement any such features.

16. WARRANTIES AND DISCLAIMERS

16.1 Mutual Warranties

Each party represents and warrants that it has the legal authority to enter into these Terms and fulfill its obligations.

16.2 Disclaimer

EXCEPT AS EXPRESSLY STATED HEREIN:

• (a) THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY.

17. LIMITATION OF LIABILITY

17.1 Exclusion of Certain Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, OR OTHER SIMILAR LOSSES ARISING OUT OF OR RELATED TO THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN DAMAGES. IN SUCH CASES, THESE LIMITATIONS APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

17.2 Limitation of Aggregate Liability

EXCEPT FOR A PARTY’S BREACH OF CONFIDENTIALITY OBLIGATIONS (SECTION 6), VIOLATION OF INTELLECTUAL PROPERTY RIGHTS (SECTION 7), OR INDEMNIFICATION OBLIGATIONS (SECTION 18), AND TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• (a) COMETLY’S TOTAL AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY YOU TO COMETLY FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM.
• (b) IF YOU HAVE NOT PAID ANY AMOUNTS TO COMETLY, OUR LIABILITY SHALL BE LIMITED TO $10,000.

17.3 Security Breaches and Data Loss

COMETLY SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO, ALTERATION OF, OR LOSS OF CUSTOMER DATA UNLESS SUCH DAMAGES RESULT FROM COMETLY’S WILLFUL MISCONDUCT OR GROSS NEGLIGENCE. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR IMPLEMENTING APPROPRIATE SECURITY MEASURES IN YOUR USE OF THE SERVICE, INCLUDING SAFEGUARDING YOUR ACCOUNT CREDENTIALS AND USING ENCRYPTION OR OTHER DATA PROTECTION MEASURES.

17.4 Essential Purpose

THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 17 ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND COMETLY. THESE LIMITATIONS APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

18. INDEMNIFICATION

18.1 By Customer

You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• (i) Your use of the Service in violation of these Terms or applicable law;
• (ii) Your Customer Data;
• (iii) Any breach of your representations or warranties herein.

19. SUSPENSION AND TERMINATION

19.1 Suspension

We may suspend your access to the Service if:

• We reasonably believe you have breached these Terms, including but not limited to violations of acceptable use or payment obligations.
• Your use of the Service poses a security risk, adversely impacts other customers, or jeopardizes the Service’s integrity or operation.
• We are required to do so by law or a governmental authority.

Suspension does not relieve you of your obligation to pay any outstanding fees. We will provide written notice of the suspension, specifying the reasons and, where applicable, the actions required to remedy the issue within a specified time frame. Where possible, we will provide an opportunity to resolve the issue prior to reinstating access.

19.2 Termination by You

Unless otherwise specified in a separate signed agreement between you and Cometly (in which case that agreement’s cancellation and refund terms shall prevail), you may cancel your subscription at any time via your billing account settings. Your subscription will remain active until the end of the current billing period, and no refunds will be issued unless required by applicable law. If you have a custom or legacy contract with different cancellation or refund terms, those written contract terms will control in the event of any conflict with these Terms.

19.3 Termination by Us

We may terminate these Terms and your access to the Service if you materially breach these Terms and fail to cure such breach within thirty (30) days of receiving written notice. We may also terminate immediately if required by law or if providing the Service to you becomes impracticable or legally prohibited.

If we terminate your account or access to the Service for reasons other than a material breach of these Terms, you may be entitled to a pro-rata refund of prepaid, unused subscription fees as of the effective date of termination.

19.4 Effect of Termination

Upon termination:

• (a) You must immediately cease all use of the Service and delete or destroy all related data unless otherwise required by applicable law.
• (b) Cometly will disable access to the Service.
• (c) Any outstanding fees or charges remain due and payable.
• (d) Customer Data will be handled in accordance with our Privacy Policy and Data Processing Addendum (DPA).

19.5 Survival

The following sections shall survive termination of these Terms: 5 (Customer Data, Privacy, and Data Protection), 6 (Confidentiality), 7 (Intellectual Property), 8 (Prohibited Data and Activities), 9 (Compliance with Industry Regulations), 11 (Export Control and Compliance), 14 (Force Majeure), 15 (Beta Services and No Future Commitments), 16 (Warranties and Disclaimers), 17 (Limitation of Liability), 18 (Indemnification), 19.5 (Survival), and any other provision that by its nature should reasonably survive termination.

20. PUBLICITY

We may identify you as a customer in public-facing materials, including but not limited to case studies, marketing collateral, and testimonials, unless you notify us otherwise. Unless otherwise agreed in writing, we may identify you as a customer and use your name and logo in our marketing materials and on our website. If you do not wish to be identified as a customer, please notify us at support@cometly.com, and we will promptly remove any references.

21. COMPLIANCE WITH LAWS

You agree to comply with all applicable laws and regulations in your use of the Service, including data protection, privacy, intellectual property, export control, and consumer protection laws.

22. CHANGES TO THE TERMS

For material changes affecting fees or user rights, we will provide at least 30 days' notice and require explicit acceptance via email or account dashboard. We may update these Terms from time to time. If we make material changes, we will notify you by posting the revised Terms on our website or through the Service. Your continued use of the Service after the revised Terms go into effect constitutes your acceptance of the changes.

23. RELATIONSHIP OF THE PARTIES

The parties are independent contractors. Nothing in these Terms shall be construed to create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties.

24. NO THIRD-PARTY BENEFICIARIES

Except as otherwise set forth herein, these Terms do not create any rights for any person or entity that is not a party to these Terms.

25. ACCEPTABLE USE

You must adhere to our Acceptable Use Policy (AUP) at all times when using the Service. Any violation of the AUP may result in immediate suspension or termination of your access to the Service.

26. NO CLASS ACTIONS

To the fullest extent permitted by law, you agree that all disputes shall be resolved on an individual basis, and that you will not bring or participate in any class, consolidated, or representative action against us. If the prohibition on class actions is found to be unenforceable, any permitted class actions must be brought exclusively in arbitration.

27. ENTIRE AGREEMENT AND ORDER OF PRECEDENCE

These Terms, together with our Privacy Policy, End User License Agreement (EULA), and any other referenced documents, constitute the entire agreement between you and us regarding the Service. In the event of a conflict between these Terms and any other agreement or policy, these Terms shall control unless otherwise stated in writing.

28. WAIVER AND SEVERABILITY

28.1 Waiver

Failure to enforce any provision shall not constitute a waiver of that provision or any other provision.

28.2 Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

29. DISPUTE RESOLUTION

All disputes arising under these Terms shall first be attempted to be resolved through good-faith mediation. If mediation fails, all disputes shall be submitted to binding arbitration located in the Commonwealth of Pennsylvania and conducted in accordance with the arbitration rules applicable in Pennsylvania. The arbitration shall be conducted by a neutral arbitrator mutually agreed upon by the parties.

Each party shall bear its own costs and expenses, including attorney's fees, unless otherwise required by applicable law or determined by the arbitrator. The costs of the arbitration proceeding, including the arbitrator’s fees, shall be shared equally by the parties, unless the arbitrator decides otherwise.

If the parties cannot agree on a neutral arbitrator within 30 days of initiating arbitration, the arbitrator will be appointed by the American Arbitration Association (AAA) or a similar arbitration body.

30. GOVERNING LAW AND JURISDICTION

These Terms and any dispute arising hereunder shall be governed by the laws of the Commonwealth of Pennsylvania, excluding its conflict of law rules. Any disputes not subject to arbitration under Section 29 DISPUTE RESOLUTION shall be resolved exclusively in the state or federal courts located in the Commonwealth of Pennsylvania, and each party consents to the personal jurisdiction of such courts.

31. CONTACT US

If you have any questions about these Terms or the Service, please contact us at:

Comet LLC d/b/a Cometly
41 University Drive
Suite 400
Newtown, Pennsylvania 18940
United States
Email: support@cometly.com