Relationship to Other Agreements: The Terms of Service (“TOS“) govern your use of the ComplyAuto website. If you are a ComplyAuto customer, your use of our software and services is also governed by the Master Services and License Agreement (“MSLA“) and Provision of Services Agreement (“PSA“). In the event of a conflict between these documents, the following order of precedence applies: (1) PSA, (2) MSLA, and (3) TOS.
Acceptance of Terms: By accessing or using the ComplyAuto website or any ComplyAuto services, you agree to comply with and be bound by these Terms of Service (“TOS”). The TOS govern both website usage and provide general terms for service access. Customers with a signed PSA and MSLA will be subject to additional terms in those agreements. If you do not agree with this TOS, you must refrain from further use of this site. TOS incorporates by reference our Privacy Policy and any other policies we may adopt.
Intellectual Property Rights: This website, its design, and all its contents are copyright protected by ComplyAuto. All rights reserved. You acknowledge and agree that ComplyAuto owns all legal right, title, and interest in and to the website and services, including all intellectual property rights (whether registered or unregistered, and wherever in the world those rights may exist). ComplyAuto grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the website and services solely for your internal business purposes or personal use, subject to these terms. You may not copy, modify, distribute, sell, or lease any part of our services or included software, nor may you reverse engineer or attempt to extract the source code of that software without our written permission. User-Generated Content: If the website allows you to post, upload, or submit any content (including data, text, images, or other materials), you retain ownership of any intellectual property rights that you hold in that content. However, by posting, uploading, or submitting content, you grant ComplyAuto a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, distribute, prepare derivative works of, display, and perform that content in connection with the website and ComplyAuto’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the website (and derivative works thereof) in any media formats and through any media channels. Trademarks: The ComplyAuto name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of ComplyAuto or its affiliates or licensors. You must not use such marks without the prior written permission of ComplyAuto. All other names, logos, product and service names, designs, and slogans on this website are the trademarks of their respective owners.
You may download, copy or print copies of material on this site only for your own personal use or your use within your company or organization. You may, for example, copy, forward or transmit articles or other material on this site to other employees of your company or organization. None of the material you access on this website may be used, copied, reproduced, repurposed, modified, published, posted or transmitted for any commercial purpose outside your company or organization, however, without our prior written permission.
Disclaimer of Warranties: The content of the website is provided “as is” without warranty of any kind. ComplyAuto disclaims all warranties, express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. The content of this website is not guaranteed to be up to date, and we expressly disavow any obligation to update any previously posted material that may later be overruled, repealed or superseded. We make no representations or warranties as to the completeness of the material presented herein, and we assume no responsibility for errors that may appear. We also disclaim responsibility for the contents or privacy practices of any third-party websites that you may access through this site. Your use of this website, and other sites accessed through this website, is at your own risk and we will not be held responsible for transmission of viruses or other harmful effects that may result from such use. Your sole remedy for your dissatisfaction with the contents or performance of this website is to cease using the website.
LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPLYAUTO, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, GOODWILL, DATA LOSS, OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPLYAUTO’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE WEBSITE OR SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU PAID, IF ANY, TO COMPLYAUTO FOR ACCESSING OR USING THE WEBSITE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THIS LIMITATION APPLIES EVEN IF THE ABOVE-STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO DAMAGES ARISING FROM COMPLYAUTO’S GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT, OR TO THE EXTENT PROHIBITED BY LAW. ANY CLAIM ARISING UNDER THESE TERMS MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES, OR SUCH CLAIM IS PERMANENTLY BARRED.
No Legal Advice: ComplyAuto is not a law firm. The information and materials on this site are provided for informational purposes only. They do not constitute legal advice.
Term and Termination: These Terms commence upon your acceptance and continue until terminated. For website users, ComplyAuto may terminate your access at any time for any reason, including, but not limited to, breach of these Terms, engagement in illegal activities, or security breaches. We reserve the right to suspend your access to the website or services for investigation if we suspect a violation. Upon termination, your right to use the website and services will immediately cease, and you agree to delete any confidential information of ComplyAuto in your possession. For customers with service subscriptions, termination provisions in your MSLA and PSA will control service termination, while these Terms will continue to govern website access until separately terminated. The sections titled “Disclaimer of Warranties,” “Limitation of Liability,” “Intellectual Property Rights,” “Indemnification,” “Dispute Resolution,” and “Governing Law,” shall survive any termination or expiration of these Terms.
Proper Use: You agree that your use of this site will always be for lawful and proper purposes. You agree not to attempt to gain access to non-public areas of this site or to files, servers or other data of ComplyAuto by “hacking” or other unauthorized means. You further agree not to disrupt the operation of the website by any electronic or other means. You agree not to transmit messages or material via the e-mail addresses accessible on this site that is obscene, defamatory, threatening or unlawful, and you agree not to send e-mail messages in such numbers that will result in damage or disruption to the operations of this website or of the company. You are responsible for maintaining the confidentiality of any account credentials and for all activities occurring under your account. You agree to notify us immediately of any unauthorized use of your account or any other security breach. If you are a ComplyAuto customer, additional security obligations in your MSLA will apply.
Indemnification: You agree to indemnify ComplyAuto, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with: (a) your access to or use of the website or services; (b) your violation of these Terms; (c) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (d) any dispute or issue between you and any third party.
Modification of Terms: ComplyAuto reserves the right to modify these Terms at any time at our sole discretion. We will provide notice of material changes (which include, but are not limited to, changes that expand our rights or reduce your obligations) through a prominent notice on our website or by sending an email to the address associated with your account. Unless otherwise stated, all modifications will be effective immediately upon posting. Your continued use of the website after such modifications constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must cease using the website. Data Privacy and Security: ComplyAuto respects your privacy and is committed to protecting your personal information. Our collection, use, and disclosure of your data are governed by our Privacy Policy, which is incorporated by reference herein. We comply with applicable data protection laws, including, where applicable, the California Consumer Privacy Act (CCPA) and similar state laws. We implement reasonable technical and organizational security measures designed to protect your information against unauthorized access, alteration, disclosure, or destruction, but no method of transmission over the Internet or method of electronic storage is 100% secure. You acknowledge this inherent limitation when using our website and services.
Governing Law: These Terms are governed by the laws of the State of Utah, and any disputes will be resolved in the courts of Salt Lake City, Utah.
Contact Information: For any questions about these Terms, please contact us at legal@complyauto.com or 299 S. Main St Suite 1300 PMB 93125, Salt Lake City, UT 84111.