Privacy Policy

Last updated May 17, 2024

ComTour is a website and software application ("Services") created to allow Comedian Users to market comedic events, learn about comedic events, connect and engage. This privacy notice for ComTour LLC ("Company," "we," "us," or "our"), describes how and why we might collect, store, use, and/or share ("process") your information when you use our Services, such as when you:

Download and use our mobile application (ComTour), or any other application of ours that links to this privacy notice;

Access our website (ComTour.app), or any other website of ours that links to this privacy notice; or

Engage with us in other related ways, including any sales, marketing, or promotional events.

Questions or concerns? Reading this privacy notice will help you understand your privacy rights and choices. If you do not agree with our policies and practices, please do not use our Services. If you still have any questions or concerns, please contact us at [email protected].

SUMMARY OF KEY POINTS

This summary provides key points from our privacy notice, but you can find out more details about any of these topics by using our table of contents below to find the section you are looking for.

What personal information do we process? When you visit, use, or navigate our Services, we may process personal information depending on how you interact with ComTour LLC and the Services, the choices you make, and the products and features you use.

Do we receive any information from third parties? Yes. We do receive information from third parties.

In what situations and with which parties do we share personal information? We may share information in specific situations and with specific third parties.

How do we keep your information safe? We have organizational and technical processes and procedures in place to protect your personal information. However, no electronic transmission over the internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information.

What are your rights? Depending on where you are located geographically, the applicable privacy law may mean you have certain rights regarding your personal information.

How do you exercise your rights? The easiest way to exercise your rights is by contacting us. We will consider and act upon any request in accordance with applicable data protection laws.

1. WHAT INFORMATION DO WE COLLECT?

Personal information you disclose to us.

In Short: We collect personal information that you provide to us.

We collect personal information that you voluntarily provide to us when you express an interest in obtaining information about us or our products and Services, when you participate in activities on the Services, or otherwise when you contact us. When accessing or using the Services, you may provide Personal Information about yourself to us. “Personal Information” means information relating to a person that can be used to identify that individual. This may include your name, address, telephone number, email address, age, gender, religion, and professional information.

Personal Information does not include: (1) anonymous information; (2) any publicly available information about you or any other user; (3) information about you that is provided by third parties; or (4) information that is posted to publicly accessible areas of the Services. Examples of Personal Information we collect include information that you provide when you (a) create or update your ComTour account, (b) communicate with us, (c) purchase services from us, (d) contact or recommend a user, and (e) submit recommendations or endorsements.

Application Data. If you use our application(s), we also may collect the following information if you choose to provide us with access or permission:

Geolocation Information. We may request access or permission to track location-based information from your mobile device, either continuously or while you are using our mobile application(s), to provide certain location-based services. If you wish to change our access or permissions, you may do so in your device's settings.

Mobile Device Access. We may request access or permission to certain features from your mobile device, including your mobile device's camera, and other features. If you wish to change our access or permissions, you may do so in your device's settings.

Push Notifications. We may request to send you push notifications regarding your account or certain features of the application(s). If you wish to opt-out from receiving these types of communications, you may turn them off in your device's settings.

This information is primarily needed to maintain the security and operation of our application(s), for troubleshooting, and for our internal analytics and reporting purposes. All personal information that you provide to us must be true, complete, and accurate, and you must notify us of any changes to such personal information.

Information automatically collected

In Short: Some information — such as your Internet Protocol (IP) address and/or browser and device characteristics — is collected automatically when you visit our Services.

We automatically collect certain information when you visit, use, or navigate the Services. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Services, and other technical information. This information is primarily needed to maintain the security and operation of our Services and for our internal analytics and reporting purposes.
Like many businesses, we also collect information through cookies and similar technologies. The information we collect includes:

Log and Usage Data. Log and usage data is service-related, diagnostic, usage, and performance information our servers automatically collect when you access or use our Services and which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type, and settings and information about your activity in the Services (such as the date/time stamps associated with your usage, pages and files viewed, searches, and other actions you take such as which features you use), device event information (such as system activity, error reports (sometimes called "crash dumps"), and hardware settings).

Device Data. We collect device data such as information about your computer, phone, tablet, or other device you use to access the Services. Depending on the device used, this device data may include information such as your IP address (or proxy server), device and application identification numbers, location, browser type, hardware model, Internet service provider and/or mobile carrier, operating system, and system configuration information.

Location Data. We collect location data such as information about your device's location, which can be either precise or imprecise. How much information we collect depends on the type and settings of the device you use to access the Services. For example, we may use GPS and other technologies to collect geolocation data that tells us your current location (based on your IP address). You can opt out of allowing us to collect this information either by refusing access to the information or by disabling your Location setting on your device. However, if you choose to opt-out, you may not be able to use certain aspects of the Services.

2. HOW DO WE PROCESS YOUR INFORMATION?

In Short: We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent.

We process your personal information for a variety of reasons, depending on how you interact With our Services, including:

To send you marketing and promotional communications. We may process the personal information you send to us for our marketing purposes if this is in accordance with your marketing preferences. You can opt out of our marketing emails at any time.

To deliver targeted advertising to you. We may process your information to develop and display personalized content and advertising tailored to your interests, location, and more.

To determine the effectiveness of our marketing and promotional campaigns. We may process your information to better understand how to provide marketing and promotional campaigns that are most relevant to you.

3. WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?

In Short: We may share information in specific situations described in this section and/or with the following third parties.

We may need to share your personal information in the following situations:

Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.

When we use Google Maps Platform APIs. We may share your information with certain Google Maps Platform APIs (e.g., Google Maps API, Places API). To find out more about Google’s Privacy Policy, please refer to this link. We use certain Google Maps Platform APIs to retrieve certain information when you make location-specific requests. This includes Location; and other similar information. A full list of what we use information for can be found in this section and in the previous section titled "HOW DO WE PROCESS YOUR INFORMATION?". We obtain and store on your device ("cache") your location. You may revoke your consent anytime by contacting us at the contact details provided at the end of this document. The Google Maps Platform APIs that we use to store and access cookies and other information on your devices.

Business Partners. We may share your information with our business partners to offer you certain products, services, or promotions.

Offer Wall. Our application(s) may display a third-party hosted "offer wall." Such an offer wall allows third-party advertisers to offer virtual currency, gifts, or other items to users in return for the acceptance and completion of an advertisement offer. Such an offer wall may appear in our application(s) and be displayed to you based on certain data, such as your geographic area or demographic information. When you click on an offer wall, you will be brought to an external website belonging to other persons and will leave our application(s). A unique identifier, such as your user ID, will be shared with the offer wall provider in order to prevent fraud and properly credit your account with the relevant reward.

4. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

In Short: We use cookies and other tracking technologies to collect and store your information.

We may use cookies and similar technologies (like web beacons and pixels) to gather information when you interact with our Services. Some online tracking technologies help us maintain the security of our Services and your account, prevent crashes, fix bugs, save your preferences, and assist with basic site functions.

We also permit third parties and service providers to use online tracking technologies on our Services for analytics and advertising, including to help manage and display advertisements, to tailor advertisements to your interests, or to send abandoned shopping cart reminders (depending on your communication preferences). The third parties and service providers use their technology to provide advertising about products and services tailored to your interests which may appear either on our Services or on other websites.

To the extent these online tracking technologies are deemed to be a “sale”/”sharing” (which includes targeted advertising, as defined under the applicable laws) under applicable US state laws, you can opt out of these online tracking technologies.

5. HOW LONG DO WE KEEP YOUR INFORMATION?

In Short: We keep your information for as long as necessary to fulfill the purposes outlined in this privacy notice unless otherwise required by law.

We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements).

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

6. HOW DO WE KEEP YOUR INFORMATION SAFE?

In Short: We aim to protect your personal information through a system of organizational and technical security measures.

We have implemented appropriate and reasonable technical and organizational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our Services is at your own risk. You should only access the Services within a secure environment.

7. DO WE COLLECT INFORMATION FROM MINORS?

In Short: We do not knowingly collect data from or market to children under 18 years of age.

We do not knowingly solicit data from or market to children under 18 years of age. By using the Services, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Services. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we may have collected from children under the age of 18, please contact us at [email protected].

8. WHAT ARE YOUR PRIVACY RIGHTS?

In Short: You may review, change, or terminate your account at any time.

If you are located in the EEA or UK and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority.

You can find their contact details here:
https://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

If you are located in Switzerland, the contact details for the data protection authorities are available here: https://www.edoeb.admin.ch/edoeb/en/home.html.

Withdrawing your consent: If we are relying on your consent to process your personal information, which may be express and/or implied consent depending on the applicable law, you have the right to withdraw your consent at any time. You can withdraw your consent at any time by contacting us by using the contact details provided in the section "HOW CAN YOU CONTACT US ABOUT THIS NOTICE?" below.

However, please note that this will not affect the lawfulness of the processing before its withdrawal nor, when applicable law allows, will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent. If you have questions or comments about your privacy rights, you may email us at [email protected].

9. CONTROLS FOR DO-NOT-TRACK FEATURES

Most web browsers and some mobile operating systems and mobile applications include a Do-Not- Track ("DNT") feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.

10. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

In Short: Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information.

California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.

If you are under 18 years of age, reside in California, and have a registered account with Services, you have the right to request the removal of unwanted data that you publicly post on the Services. To request removal of such data, please contact us using the contact information provided below and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Services, but please be aware that the data may not be completely or comprehensively removed from all our systems (e.g., backups, etc.).

CCPA Privacy Notice

The California Code of Regulations defines a "resident" as:

(a) every individual who is in the State of California for other than a temporary or transitory purpose and;

(b) every individual who is domiciled in the State of California who is outside the State of California for a temporary or transitory purpose.

All other individuals are defined as "non-residents."

If this definition of "resident" applies to you, we must adhere to certain rights and obligations regarding your personal information.

What categories of personal information do we collect?

See below for an explanation of personal information we have collected in the past twelve (12) months:

We may also collect other personal information outside of these categories through instances where you interact with us in person, online, or by phone or mail in the context of:

Receiving help through our customer support channels;

Participation in customer surveys or contests; and

Facilitation in the delivery of our Services and to respond to your inquiries.

How do we use and share your personal information?

More information about our data collection and sharing practices can be found in this privacy notice.
You may contact us by email at [email protected], or by referring to the contact details at the bottom of this document.

If you are using an authorized agent to exercise your right to opt-out we may deny a request if the authorized agent does not submit proof that they have been validly authorized to act on your behalf.

Will your information be shared with anyone else?

We may disclose your personal information with third parties, pursuant to a written contract between us and each service provider. Each service provider is a for-profit entity that processes the information on our behalf.

We may use your personal information for our own business purposes, such as for undertaking internal research for technological development and demonstration. This is not considered to be the "selling" of your personal information.

ComTour LLC has not disclosed or sold any personal information to third parties for a business or commercial purpose in the preceding twelve (12) months. ComTour LLC will not sell personal information in the future belonging to website visitors, users, and other consumers.

Your rights with respect to your personal data

Right to request deletion of the data — Request to delete

You can ask for the deletion of your personal information. If you ask us to delete your personal information, we will respect your request and delete your personal information, subject to certain exceptions provided by law, such as (but not limited to) the exercise by another consumer of his or her right to free speech, our compliance requirements resulting from a legal obligation, or any processing that may be required to protect against illegal activities.

Depending on the circumstances, you have a right to know:

whether we collect and use your personal information;

the categories of personal information that we collect;

the purposes for which the collected personal information is used;

whether we sell your personal information to third parties;

the categories of personal information that we sold or disclosed for a business purpose;

the categories of third parties to whom the personal information was sold or disclosed for a business purpose; and

the business or commercial purpose for collecting or selling personal information.

Right to be informed — Request to know
In accordance with applicable law, we are not obligated to provide or delete consumer information that is de-identified in response to a consumer request or to re-identify individual data to verify a consumer request.

Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights
We will not discriminate against you if you exercise your privacy rights.

Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights
We will not discriminate against you if you exercise your privacy rights.

Verification process
Upon receiving your request, we will need to verify your identity to determine you are the same person about whom we have the information in our system. These verification efforts require us to ask you to provide information so that we can match it with the information you have previously provided us. For instance, depending on the type of request you submit, we may ask you to provide certain information so that we can match the information you provide with the information we already have on file, or we may contact you through a communication method (e.g., phone or email) that you have previously provided to us. We may also use other verification methods as the circumstances dictate.

We will only use the personal information provided in your request to verify your identity or authority to make the request. To the extent possible, we will avoid requesting additional information from you for the purposes of verification. However, if we cannot verify your identity from the information already maintained by us, we may request that you provide additional information for the purposes of verifying your identity and for security or fraud-prevention purposes. We will delete such further information as soon as we finish verifying you.

Other privacy rights

You may object to the processing of your personal information.

You may request correction of your personal data if it is incorrect or no longer relevant, or ask to restrict the processing of the information.

You can designate an authorized agent to make a request under the CCPA on your behalf. We may deny a request from an authorized agent that does not submit proof that they have been validly authorized to act on your behalf in accordance with the CCPA.

You may request to opt-out from future selling of your personal information to third parties. Upon receiving an opt-out request, we will act upon the request as soon as feasibly possible, but no later than fifteen (15) days from the date of the request submission

To exercise these rights, you can contact us by email at [email protected] or by referring to the contact details at the bottom of this document. If you have a complaint about how we handle your data, we would like to hear from you.

11. DO WE MAKE UPDATES TO THIS NOTICE?

In Short: Yes, we will update this notice as necessary to stay compliant with relevant laws.

We may update this privacy notice from time to time. The updated version will be indicated by an updated "Revised" date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information.

12. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?

If you have questions or comments about this notice, you may email us at [email protected] or by mail to:ComTour LLC
PO Box 4063
Oak Park, IL 60303

13. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?

Based on the applicable laws of your country, you may have the right to request access to the personal information we collect from you, change that information, or delete it. To request to review, update, or delete your personal information, please submit a request form by contacting us at [email protected].

Terms of Use

This Terms of Use (“Terms of Use”) defines the conditions under which You may access and use the Website and Application and all of the functionalities provided (hereinafter designated together the “Service”).

By accessing or using the Service or by logging into the Website or Application with your allocated User ID, you agree to be bound by these Terms of Use. You acknowledge that You have read, understood and accepted without limitation or reservation the Terms of Use, which apply in addition to the Privacy Policy.

Please review these Terms of Use carefully prior to using the Service. If You do not agree with these Terms of Use, You should not access or use the Service.

By downloading the ComTour Application from Apple's software distribution platform ("App Store") and Google's software distribution platform ("Play Store"), and any update thereto (as permitted by this Agreement), You indicate that You agree to be bound by all of the terms and conditions of this Agreement, and that You accept this Agreement. App Store and Play Store are referred to in this Agreement as "App Services."

The parties of this Agreement acknowledge that the App Services are not a Party to this Agreement and are not bound by any provisions or obligations with regard to the Licensed Application, such as warranty, liability, maintenance and support thereof. ComTour LLC, not the Services, is solely responsible for the ComTour Application and the content thereof.

By downloading, installing and accessing the ComTour Application, You agree to be bound by the latest Apple Media Services Terms and Conditions and Google Play Terms of Service ("Usage Rules"). ComTour LLC acknowledges that it had the opportunity to review the Usage Rules and this Agreement is not in conflict with those rules.

ComTour when purchased or downloaded through the Services, is licensed to You for use only under the terms of this Agreement. ComTour LLC reserves all rights not expressly granted to You. The ComTour Application is to be used on devices that operate with Apple's operating systems ("iOS" and "Mac OS") or Google's operating system ("Android").

1. THE SERVICE

ComTour ("Service") is a website and piece of software created to allow Comedian Users to market comedic events, learn about comedic events, connect and engage. The ComTour application is customized for iOS and Android mobile devices ("Devices"). It is used to provide marketing and promotional opportunities to stores and businesses.

The Service is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Service. You may not use the Service in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

2. SCOPE OF LICENSE

You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the ComTour Application on any Devices that You (End-User) own or control and as permitted by the Usage Rules, with the exception that such Licensed Application may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.

This license will also govern any updates of the ComTour Application provided by ComTour LLC that replace, repair, and/or supplement the first Application, unless a separate license is provided for such update, in which case the terms of that new license will govern.

You may not share or make the Licensed Application available to third parties (unless to the degree allowed by the Usage Rules, and with ComTour LLC’s prior written consent), sell, rent, lend, lease or otherwise redistribute the ComTour Application.

You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the ComTour Application, or any part thereof (except with ComTour LLC’s prior written consent).

You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the ComTour Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the Usage Rules, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time. If You sell your Devices to a third party, You must remove the ComTour Application from the Devices before doing so.

Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.

ComTour LLC reserves the right to modify the terms and conditions of licensing.

Nothing in this Agreement should be interpreted to restrict third-party terms. When using the ComTour Application, You must ensure that You comply with applicable third-party terms and conditions.

3. TECHNICAL REQUIREMENTS

The ComTour Application requires a firmware version 1.0.0 or higher. ComTour recommends using the latest version of the firmware.

ComTour attempts to keep the ComTour Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.

You acknowledge that it is Your responsibility to confirm and determine that the end-user device on which You intend to use the ComTour Application satisfies the technical specifications mentioned above.
ComTour LLC reserves the right to modify the technical specifications as it sees appropriate at any time.

4. MAINTENANCE AND SUPPORT

ComTour LLC is solely responsible for providing any maintenance and support services for the Services. You can reach ComTour LLC at [email protected].

ComTour LLC and You acknowledge that the App Services have no obligation whatsoever to furnish any maintenance and support services with respect to the ComTour Application.

5. USE OF DATA

You acknowledge that ComTour LLC will be able to access and adjust Your downloaded content and Your personal information, and that ComTour LLC’s use of such material and information is subject to Your legal agreements with ComTour LLC and ComTour LLC’s privacy policy: https://comtour.app/#privacy.

You acknowledge that ComTour LLC may periodically collect and use technical data and related information about Your device, system, and application software, and peripherals, offer product support, facilitate the software updates, and for purposes of providing other services to You (if any) related to the Service. ComTour LLC may also use this information to improve its products or to provide services or technologies to You, as long as it is in a form that does not personally identify You.

6. USER-GENERATED CONTRIBUTIONS

The Service may allow You to chat, make postings (available for public or private viewing), or other communication functionalities, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to or through the Service, including but not limited to, text, writings, video, audio, photos, graphics, comments, suggestions, personal information or other material (collectively known as the “Contribution” or “Contributions”). Contributions may be viewable by other users or the general public. As such, any Contributions transmitted by You shall be treated as non-confidential and non-proprietary. When You submit, publish, or make any Contribution available on the website or application, You acknowledge and agree that:

The creation, distribution, transmission, public display, or performance of submitting or publishing Your Contributions to be widely available for accessing, downloading, or copying via the Service does not infringe Your or any third party’s proprietary rights, including but not limited to any copyrights, trademarks, patents, trade secrets, confidential information or moral rights;

You are the creator and owner of or have the necessary licenses, rights, consent, releases, and permissions to use and to authorize ComTour LLC, and other users of the Service, to use Your Contributions in any manner deemed reasonable;

Your Contributions are not false, inaccurate, or misleading to the detriment of other users, the Service or any third party;

Your Contributions are not unsolicited or unauthorized advertising, used for promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation;

Your Contributions are not obscene, lewd, lascivious, filthy, violent, considered harassment, libelous, defamatory, or otherwise objectionable (in the sole discretion of ComTour LLC);

Your Contributions do not ridicule, mock, disparage, intimidate, or verbally abuse other users or ComTour LLC;

Your Contributions are not used to harass, threaten or intimidate any user or individual or promote violence against any person or class of people;

Your Contributions do not violate any applicable laws or regulations;

Your Contributions do not violate any privacy-related concerns or the publicity rights of any 3rd party;

Your Contributions do not include offensive comments related to groups of race, national origin, gender, relationship status, familial status, religion, sexual preference, or physical handicap; and

Your Contributions do not link to material that violates any of the aforementioned provisions of this Agreement.

By submitting or publishing Your Contributions to or through the Service, You grant ComTour LLC the right and license to use, modify and publish, display, reproduce, and distribute such content. This license includes the right to make Your Contribution available to other users of the Service, third- parties, and the general public, with or without Your consent. You retain any and all of your rights to any Contributions you submit, post, or display and are responsible for protecting those rights.

7. CONTRIBUTION LICENSE

By submitting or posting suggestions, feedback, communications or other content related to the Service (“Contribution” or “Contributions”), You agree that ComTour LLC may use and share such Contributions for any lawful purpose without compensation or acknowledgment to You. You acknowledge and agree that Contributions are public and are not considered confidential unless otherwise stated. You agree that ComTour LLC may access, store, process, and use any information and personal data that You provide in accordance with the terms of the Privacy Policy.

ComTour LLC does not assert any ownership over Your Contributions or Contributions of other users of the Service. You retain full ownership of all of Your Contributions and any intellectual property rights or other proprietary rights associated with Your Contributions. ComTour LLC is not liable for any statements or representations in Your Contributions provided by You or other users in connection with the Service. You are solely responsible for Your Contributions to the Service and You expressly agree to indemnify and hold harmless ComTour LLC, its affiliates, agents, officers, partners, and employees from any and all losses, damages, liability, claims, or demands, including reasonable attorneys’ fees and expenses due to or arising out of the following: the Service; Your use of or inability to use the Services;

any breach of this Agreement; any breach of any representation or warranty herein; and any violation of the rights of any third party, including, but not limited to intellectual property rights.

Notwithstanding the foregoing, ComTour LLC reserves the right to assume the exclusive defense and control of any matter for which You are required to indemnify ComTour LLC, and You agree to cooperate, at your sole expense, with the defense of such claims. ComTour LLC shall notify You of any such claim, action, or proceeding which is subject to this indemnification as soon as reasonably practicable.

8. USER ACCOUNTS

The Service may allow You to create a user account. You acknowledge and agree that you shall be solely responsible for safeguarding the information linked to Your user account, including account data, connected emails, passwords, and any other personal information. If You become aware of any breach or unauthorized use of Your user account, You agree to notify ComTour LLC as soon as possible.

9. SOCIAL MEDIA

The Service may allow You to link and connect a social media profile with Your user account for sharing information, logging into the website, or for any other reason that is in accordance with the terms of this Agreement and the social media company’s terms of use (“social media profile”).

If connecting a social media profile with the website, You acknowledge that You may be required to disclose third-party login information or grant the Service access to Your third-party accounts. You agree and acknowledge that such disclosure or access is within the terms of use of the social media platform hosting Your social media profile, and that:

ComTour LLC may access, make available, and store (if applicable) any content that You have provided to and stored in Your social media profile so that it is available on and through the Service via Your account, including without limitation any contacts;

ComTour LLC may submit and receive data, which may include personal information, to Your social media profile upon its connection to the Service;

You have the ability, at any time, to disable the connection between the Service and the social media profile; and

That the relationship between You and Your social media profile is governed solely by its terms of use, and in no way does this Agreement amend Your rights and responsibilities pursuant thereto.

10. ADVERTISING

The Service may host, display, recommend, or link to websites or services in exchange for a fee (“advertisements”), it shall be known that such websites and services are often not known to ComTour LLC and are provided via advertisement networks based on user data. ComTour LLC does not own or control such advertisements and assumes no responsibility for the content, privacy policies, terms of use, practices, services, experiences, activities, or other acts. ComTour LLC’s affiliation with such advertisements is limited to the payment per display, clicks, or any additional monetary benefit in accordance with its terms and conditions or affiliate terms.

Any advertisements used are subject to the Digital Millennium Copyright Act (“DMCA”) policies. There will be no refund or compensation related to a DMCA takedown of said advertisements. ComTour LLC’s relationship with advertisers begins and ends with the Service providing space for the placement of such advertisements.

11. SITE MANAGEMENT

To ensure the best experience for all users of our website and services, ComTour LLC reserves the right, in its sole discretion:

To monitor the Service and any related content or Contributions for violations by users of this Agreement;

To take appropriate actions against users, including legal action, against those who may have violated this Agreement or have attempted to defraud or cause harm to other users;

To refuse, restrict, limit, disable, or remove any and all files and Contributions which, due to excessive size limits or other properties, are burdensome to the Service systems or other users; and

To otherwise manage the Service in such a way as to protect ComTour LLC’s rights and property and to encourage optimal delivery of the Service.

12. PAYMENT

All or a portion of the Service requires payment in advance in accordance with the terms below:

Subscriptions. If any portion of the Service is only available with a paid subscription, You will be billed in advance and on a recurring and periodic basis (such as daily, weekly, monthly, annually, or other agreed upon timeframes) at the end of each period. With each successful payment, the subscription will automatically renew under the same conditions unless canceled.

Cancellation. You are entitled to cancel a subscription at any time and in accordance with the terms of this Agreement. Cancellation does not entitle You to a refund for any prior payments made.

Fee Changes. If any changes occur to the subscription amount, You will be given notice of at least one (1) billing cycle prior to the change taking effect. Notice will be provided by email on your registered account or via your user account.

Free Trials. Any free trial, sample, or other abridged versions of our Service that is offered shall be considered a one (1) time use based on the registration of a user's email. It is strictly prohibited for a user to create and register more than one (1) email solely to access another free trial of the Service.

Currency. Payments will be accepted via the Service in the currency determined by Your location and in accordance with local laws.

Refund Policy. Except when required by law, all payments are not refundable.

In-App Purchases. If the Service is offered on an Android, iOS, or other mobile application (“mobile app”), this Agreement also applies to payments made on the ComTour Application. In addition, payments made on the ComTour Application must also be in accordance with the terms of the mobile application platform or “store.”

13. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including any of our subsidiaries, agents, or affiliates and our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of the following Your use of the Service; Your inability to access or use the Service; Your Contributions submitted or published to or through the Service; Use of the website or any of our services; any breach of this Agreement or any of the representations and warranties outlined in this Agreement; and any infringement claims resulting from Your use of or access to the Service.

Notwithstanding the foregoing, ComTour LLC reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify ComTour LLC, and You agree to cooperate, at Your expense, with the defense of such claims. ComTour LLC agrees to use reasonable efforts to notify You of any such claim as soon as reasonably possible after receiving notice of such claim.

ComTour LLC takes no accountability and responsibility in case of loss of data. User acknowledges and agrees that there may be errors, glitches, malfunctions, failures or similar occurrences that may result in the loss or inaccurate recording of data. User shall indemnify, defend and hold harmless ComTour LLC, and affiliated entities, sponsors, advertisers, agents, shareholders, officers, directors, agents, employees, successors and assigns from and against any and all claims, damages, fines, judgments, penalties, costs, or liabilities arising from or during use of the Service.

14. WARRANTY

You agree and acknowledge that the Service is provided on an “as-is,” “where is,” and “as available” basis, including faults and defects without warranty.

To the maximum extent permitted under applicable law, ComTour LLC, on its own behalf and those of its affiliates, licensors, and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Service including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of the course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, ComTour LLC provides no warranty or undertaking, and makes no representation of any kind, that the content or Service provided will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, devices, or services, including operating without interruption, or meet any performance or reliability standards or be error and bug-free from any defects that can or will be corrected.

Without limiting the foregoing, neither ComTour LLC nor any of our affiliates, advertisers, or users make any representation or warranty of any kind, express or limited, in regard to the following:

The operation or availability of the Service, or the information, content, and materials or products included theorem;

The Service being uninterrupted or bug-free;

The accuracy, reliability, or currency of any information or content provided through the Service; and

The Service, servers, content, or emails sent on behalf of ComTour LLC are free of viruses, scripts, trojan horses, worms, malware, timebombs, or any other harmful code.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on the applicable statutory rights of a consumer. Therefore, some or all of the above exclusions and limitations may not apply to You. The exclusions and limitations outlined in this section will apply to the greatest extent possible under applicable law.

15. PRODUCT CLAIMS

You acknowledge that ComTour LLC, and not the App Services, is responsible for addressing any claims You or any third party may have relating to the Service or Your possession and/or use of the Service, including, but not limited to:

a. product liability claims;

b. any claim that the Services fail to conform to any applicable legal or regulatory requirement; and

c. claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application’s use of the Health Kit and Home Kit.

16. LEGAL COMPLIANCE

You represent and warrant that You are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a "terrorist supporting" country; and that You are not listed on any US Government list of prohibited or restricted parties.

17. CONTACT INFORMATION

For general inquiries, complaints, questions or claims concerning the Licensed Application, please contact: ComTour LLC, PO Box 4063, Oak Park, IL 60303-4063, email: [email protected]

18. TERMINATION

ComTour LLC may terminate or suspend Your access to the Service or user account for any reason and at its sole discretion, with or without notice to You. Upon termination of this Agreement, You agree to terminate all use of and access to the Service immediately. You agree to delete the ComTour Application from Your device(s) if the ComTour Application is available on Your device(s) on the date of termination of this Agreement.

You may terminate Your access to the Service or Your relationship with ComTour LLC, by discontinuing use of the Service, deactivating Your user account or emailing [email protected].

19. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY

ComTour LLC represents and warrants that ComTour LLC will comply with applicable third-party terms of agreement related to the Service.

In Accordance with Section 9 of Apple’s "Instructions for Minimum Terms of Developer's End-User Agreement," both Apple and Google and their subsidiaries shall be third-party beneficiaries of this Agreement and upon Your acceptance of the terms and conditions of this Agreement, both Apple and Google will have the right (and will be deemed to have accepted the right) to enforce this Agreement against You as a third-party beneficiary thereof.

20. INTELLECTUAL PROPERTY RIGHTS

Except as otherwise indicated, all source coding, databases, functionalities, software, graphic designs, and media of any kind (e.g., audio, video, text, photos, etc.), content, trademarks, service marks, logos, and copyrights related to the Service shall be considered to be intellectual and proprietary information of ComTour LLC ("ComTour Intellectual Property”). You agree and acknowledge that You may not copy, reproduce, aggregate, republish, upload, post, publicly display, encode, translate, transmit, distribute, sell, license, or otherwise exploit ComTour Intellectual Property for commercial purposes without the prior express written consent of ComTour LLC.

You acknowledge that, in the event of any third-party claim that the Service or Your use of the Service infringes on the third party's intellectual property rights, ComTour LLC, and not the App Services, will be solely responsible for the investigation, defense, settlement, and discharge or any such intellectual property infringement claims.

You acknowledge that the Service contains proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that ComTour is a trademark owned by ComTour LLC. ComTour LLC owns the intellectual property in the Service, and in content contained in the Service.

You acknowledge and agree that You will not use ComTour LLC’s proprietary content, information or materials other than in accordance with this Agreement. You acknowledge and agree that no portion of the Service may be reproduced by You in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service, in any manner. You acknowledge and agree that Your use of the Service in no way transfers or assigns ownership in any intellectual property rights (including copyright) to You.

21. COPYRIGHT POLICY

a. Intellectual Property Infringement.

If You are the owner of any protected intellectual property that You feel is being used by or through the Service without your authorization, You must submit notice to ComTour LLC by any of the contact details mentioned herein and include a detailed description of the alleged infringement.

If any request is made, and it is determined that You are not the owner of the intellectual property or do not have the authority to act on the owner’s behalf, You may be held accountable for damages which may also include costs related to attorneys’ fees for such misrepresentation.

b. DMCA Notice and DMCA Procedure for Copyright Infringement Claims.

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our company with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

An electronic or physical signature of the copyright owner or a person authorized to act on behalf of the owner of the copyrighted work;

A description of the copyrighted work that you claim has been infringed, including the URL(s) where the copyrighted work exists or a copy of the copyrighted work;

Your contact details, including a personal name, address, phone number, and email address;

A statement that the copyright infringement is not authorized and that the request to remove the copyrighted work is in good faith; and

A statement by You, with language that includes “under penalty of perjury,” that the information included in the infringement removal is accurate.

Upon receipt of a copyright infringement notification, ComTour LLC will take necessary steps to remove any infringing content from the Service.

22. PROHIBITED ACTIVITIES

You understand that the Service can only be used for its intended purpose. You acknowledge and agree, that whether You access the Service via the website or mobile app, it is prohibited to engage in the following activities:

Systematically retrieve data or other content from the website or services to create or compile, directly or indirectly, a collection, compilation, database, or directory without our written permission;

Trick, defraud, or mislead other users or us, especially in any attempt to learn sensitive account information such as user passwords;

Circumvent, disable, or otherwise interfere with security-related features of the website or services, including those that restrict the copying of content or protected marks;

Disparage, tarnish, or otherwise harm ComTour LLC, the Service, website, mobile app, or any other platforms where the Service is offered;

Use any information obtained through the Service to harass, abuse, or harm another person or group of people;

Make improper use of ComTour support services or make false reports of abuse or misconduct;

Use the Service in a manner that is inconsistent with its intended use or against any applicable laws;

Engage in spamming, linking, or referring to other websites for commercial or other purposes;

Upload or transmit, or to attempt to upload or transmit, viruses, trojan horses, or other damaging or improper material, including the spamming or continuous posting of repetitive text, that has the potential to interfere, modify, impair, disrupt, alter, or interfere with another user’s experience with the Service or its features, functions, operations, or maintenance;

Attempt any unauthorized automated use of the Service, such as using scripts to send comments and messages, or using mining tools with the intention of gathering, injecting, or extracting data;

Delete copyrights, trademarks, disclaimers, or any other marks from the Service or its content;

Impersonate another user or person by use of a username, email, personal name, or in any other manner;

Upload or transmit, or to attempt to upload or transmit, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies, or other similar devices, also known as "spyware," "passive collection mechanisms" or "PCM;"

Interfere with, disrupt, or create an undue burden on the Service, website, networks, and other connections;

Harass, annoy, intimidate, or threaten any of the other users, employees, agents, contractors, or any other individual affiliated with ComTour;

Disable or attempt to disable restrictions implemented by the Service that prohibit access to certain areas;

Copy or adapt the software of the Service, including but not limited to Flash, PHP, HTML, JavaScript, or other code;

Decipher, decompile, disassemble, or reverse engineer any of the software on the Service;

Except as may be the result of a standard search engine or internet browser usage, to use, launch, develop, or distribute any automated system, including, without limitation, any crawlable spider, robot or bots, cheat utility, scraper, or offline reader that accessed the website or services, or using or launching any unauthorized script or other software;

Any unauthorized use of the Service, such as collecting usernames, email addresses, or personal names of users by electronic or other means to send unsolicited emails or create user accounts by automated means or under false pretenses;

Use the Service to advance any effort to compete with ComTour or ComTour LLC or otherwise using the website, mobile application, marks, content, data, or any part thereof for any revenue-generating endeavor, commercial purpose, or personal benefit; and

Use the Service to advertise or offer to sell goods or other services in contravention of this Agreement.

23. APPLICABLE LAW

This Agreement is governed by the laws of the State of Illinois excluding its conflicts of law rules.

24. DISPUTE RESOLUTION

The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.

Any controversies or disputes arising out of or relating to this Agreement will be resolved by binding arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final, and any judgment may be entered upon it by any court having proper jurisdiction.

25. MISCELLANEOUS

The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement. The captions or headings in this Agreement are for convenience only and in no way define, limit or describe the scope or intent of any provisions or sections of this Agreement. This Agreement reflects the complete understanding of the Parties regarding the subject matter hereof and constitutes their entire agreement, superseding all prior negotiations, representations, agreements, understandings, and statements regarding the subject matter hereof.