Terms of Service

Last Updated: November 1, 2021

Do you agree to these Terms of Service?” is one of the most infamous but common questions one can be asked when registering for a service or conducting business online. We at CommPeak appreciate your business and know going over these Terms of Service is a daunting task, even compared to reading War and Peace by Leo Tolstoy. Therefore, we came up with these Terms of Service highlights for your convenience.

Terms of Service Highlights

Acceptance of Terms of Service

These Terms of Service explain your contractual relationship with CommPeak, so you should read them carefully. By accessing and using our Website and Services, you agree to be bound by these Terms of Service.

IF YOU DO NOT AGREE, DO NOT USE OUR WEBSITE AND/OR SERVICES.

Eligibility

You must be at least 18 years old to use CommPeak’s Services. 

Rules of Conduct and Lawful Usage

You may not use our Website and/or Services to carry out any unlawful, abusive, harassing, libelous, defamatory, threatening, or hateful activity, or carry out any activity which violates applicable laws and regulations in any other way or form. 

Suspension and Termination of Services

You may decide to close your account, deactivate it, or simply stop using it at any time. 

In the event of suspicious activity on your account, we may suspend it for investigation. 

Furthermore, CommPeak reserves the right to suspend or terminate your right to access or use any or all of our Services immediately and without notice if you violate these Terms of Service or fail to pay for the Services rendered.

Fees and Payment

Our Services or any part thereof may be free or may be subject to a certain payment. Our payment policy describes how you are charged for using our Service and the rights and options available to you with respect to such payments.  

Your Information

When joining some of our Services, you might be asked to provide us with some information. Our Privacy Policy is available at https://www.commpeak.com/legal-portal/privacy-policy/. Our Privacy Policy describes the ways in which we collect and use your information and the rights and options available to you with respect to such information.

Disclaimer of Warranty; Limitation of Liability; Indemnification

We do not provide any warranties or representation about the completeness of our Services. Nor are we to be held liable for any direct, indirect, incidental, special, consequential, or exemplary damages (including damages for loss of profits, goodwill, use, or data) arising in connection with our Services. 

Third-Party Websites 

CommPeak might post links to other websites and/or third-party services. These links do not constitute an endorsement of a particular website nor of the content, products, advertising, or other materials presented on such websites but are provided to you for your reference and convenience only. If you click on a link that redirects you to a third-party website, CommPeak makes no representations nor has any supervision or control over the quality, content, reliability, or security of the third-party website, nor shall CommPeak be liable for its use.

Disputes and Disagreements 

In case of a dispute or disagreement, please contact our Support team. In the event we cannot solve the issue, these Terms of Service will be governed by the laws of England and Wales. For inquiries or questions regarding these terms and conditions, CommPeak’s Website and/or Services, or any other issue, please contact us at: [email protected].

CommPeak Terms of Service

THESE TERMS STATE IMPORTANT REQUIREMENTS REGARDING THE USE OF COMMPEAK’s WEBSITE, USER PORTAL AND ALL OTHER SERVICES AND YOUR RELATIONSHIP WITH COMMPEAK. YOU SHOULD TAKE THE TIME TO READ THEM CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION.

1. Introduction

CommPeak Limited (“we,” “us,” “our” or “CommPeak”) owns and operates a Voice over IP-based communications service and related Website. By using and/or accessing CommPeak’s Website, user portal, and/or any of our services, including all associated features and functionalities (collectively “CommPeak’s Services” or “Services”), you are deemed to have read, understood, accepted, and agreed to be bound by these terms and conditions of use (“Terms” or “Terms of Service”) including any other document incorporated thereto (collectively, the “Agreements”) upon the earlier of (a) your signing of our Commercial Proposal; (b) your acceptance of the Terms of Sevice electronically during registration; (c) your use of our Website and/or our Services. 

This Agreement is a legally binding agreement between the person or organization (“User” or “you”) and CommPeak.

IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE OR TO ANY PART THEREOF, YOU SHOULD CEASE ALL USE OF OUR SERVICES.

2. Changes to the Terms of Service

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

3. Using Our Website and/or Services

3.1. Service Options

3.1.1. A description of our Services is available on our Website. 

3.1.2. Some of our Services may not be available for you. We will explain which services are available to you when you are signing up for the services. 

3.1.3. CommPeak reserves the right to modify, terminate, or otherwise amend our offered Services at any time in our sole discretion in accordance with Section 11 below.

3.2. Using Our Services

3.2.1. Our Services are the property of CommPeak. We grant you limited, non-exclusive, revocable permission to make use of our Website and/or Services. This permission shall remain in effect until and unless terminated by you or CommPeak. 

3.2.2. User hereby agrees not to misrepresent or embellish the relationship between CommPeak and you (including by expressing or implying that we support, sponsor, endorse, or contribute to you or your business endeavors), or express or imply any relationship or affiliation between CommPeak and you or any other person or entity without prior written notice.

3.2.3. User hereby agrees to abide by our Terms of Service and not to use our Website and/or Services, or any part thereof in any manner not expressly permitted by the Agreements.

3.3. Requirement for Users

3.3.1. Our Services are offered only to individuals who (1) have the power to enter a binding contract with us and not be barred from doing so under any applicable law, and (2) are at least 18 years of age. 

3.3.2. Any misrepresentations regarding your age, background, experience, and/or eligibility to use our Services may lead to the termination of your account and the Agreements at any time in accordance with Section 9.

3.3.3. Users may not transfer, license, sell, or otherwise offer any of the Services provided to you by CommPeak or any part thereof to another person or entity without the expressed prior written consent of CommPeak.

3.3.4. Users may not interfere with our Services operation, circumvent access restrictions or conduct any security or vulnerability test these Services.

3.3.5. Users may not access or use any or all of our Services in a way intended to avoid incurring fees or exceeding usage limits.

3.3.6. User may not in any manner or for any purpose other than as expressly permitted by CommPeak attempt to (1) modify, alter, tamper with, repair, or otherwise interrupt with the operation of our Website, Services, or any software provided to you in connection with our Services; (2) reverse engineer, disassemble or decompile CommPeak’s Services or apply any other process or procedure designed to derive the source code of any of our Services.

3.3.7. User may not use our Services for any purpose that is unlawful, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, threatening or hateful, or carry out any activity that violates applicable laws and regulations, includingCommPeak’ss Terms of Service and all other Policies references or incorporated into this Agreement, in any other way or form.

4. Accounts Management and Security

4.1. To access certain features or Services, the User must create an account associated with a valid email address. 

4.1.1. Unless explicitly permitted by the Terms of Service, the User may only create one account per email address.

4.1.2. Users are responsible for providing accurate, timely, and complete information to us in connection with their accounts. CommPeak is not responsible for any claims relating to any inaccurate, untimely, or incomplete information provided to us. 

4.1.3. If you created an account using an email address belonging to your employer or other entity, you represent and warrant that you have the right to provide and authority to create an account on behalf of such entity.

4.1.4. Users must keep their account login credentials confidential and not share them with anyone else. 

4.1.5. Users may assign any person with admin, reports, tech configuration, or finance role “Additional User”). Such Additional Users are considered registered users who can contact CommPeak support via any channel, submit support requests and see their request history, and may have control over the User’s account, including management of Users and Data. User is solely and fully responsible for its choice of Additional Users and any actions they take.

4.1.6. User is responsible for all activities that occur under its account, regardless of whether the activities are undertaken by the User, its assigned Additional Users, employees, or a third party (including your contractors or agents), and We are not responsible for unauthorized access to your account. 

4.1.7. Users will contact us immediately if they believe an unauthorized third party may be using your account or if it becomes aware of any compromise of its login credentials, or if your account information is lost or stolen. 

4.1.8. Users may be held liable for losses incurred by CommPeak or any third party to someone else using its account as a result of your failure to keep your account login information secure and confidential.

4.2. The User is responsible for making regular backups “backup copies”) of its data. Backup Copies should be stored outsideCommPeak’ss servers. It is up to the User to perform a complete data backup prior to any change made to the information or data stored onCommPeak’ss servers, whether such changes are made on theUser’ss own behalf or on behalf of a third party. Notwithstanding the above, if nonetheless there is a loss of data, the User must restore the data.

5. Other Terms and Conditions

5.1.1. The following terms also govern and apply to your use of our Website and/or Services, and they are incorporated herein by this reference:

5.1.1.1. Privacy Policy

5.1.1.2. Payment Policy 

5.1.2. Some of our Services may be made available to you under separate terms and conditions, including separate fees and charges, all of which are made a part of these Terms of Service by this reference. 

5.1.3. In the event of a conflict between the Terms of Service and any separate policy document or agreement applicable to a specific portion of our Website or any service offered, the separate agreement will prevail with respect to that specific portion of our Website or service. 

5.1.4. Each of these Policies may be changed from time to time and are effective immediately upon posting such changes.

6. Payment and Fees

6.1. Our Services or any part thereof may be free or may be subject to a certain payment. 

6.2. Users will be responsible for the payment of all sums owed to CommPeak in accordance with CommPeak’s Payment Policy available at https://www.commpeak.com/legal-portal/payment-policy/.

6.3. The User will pay their own operating expenses and other expenses, including all applicable taxes and fees. 

6.4. If you fail to pay, CommPeak reserves the right to suspense and/or terminate your use of our Services at any time in accordance with Sections 8-9 below.

7. Promotions

7.1. From time to time, CommPeak may offer promotional bonuses for a specific period without payment or at a reduced rate (“Promotions”). CommPeak may determine your eligibility for Promotions and withdraw or modify Promotions at any time without prior notice and with no liability, to the extent permitted under applicable law.

7.2. Promotions awarded are non-refundable and will expire up to 6 months from the issue date, unless otherwise specified.

8. Temporary Suspension of Services 

8.1. CommPeak may suspend your right to access or use any or all of our Services immediately and without notice if we determine that:

8.1.1. It is necessary to prevent or protect CommPeak or any other third party against fraudulent, unlawful, abusive, harassing, libelous, defamatory, threatening, hateful, intrusive, or otherwise unlawful use.

8.1.2. Your use of or registration for our Services (1) may subject us, or any of our vendors, or any third party to liability; (2) may pose a security risk to our systems and/or Services; (3) may adversely affect the Services furnished by CommPeak; (4) may result in excessive incomplete calls; (5) may violate applicable laws and regulations in any other way or form.

8.1.3. You are in breach of this Terms of Service, or any other Policies, including if you are delinquent on your payment obligations.

8.1.4. It is necessary to do so pursuant to a request made by any governmental or authorized entity.

8.2. In the event that CommPeak invokes its right to suspend your right to access or use any or all of our Services: 

8.2.1. We will not erase any of your Data and use logs until the issue has been resolved.

8.2.2. You remain responsible for all fees and charges you have incurred through the date of suspension.

8.2.3. You remain responsible for any and all applicable fees and charges for Services to which you continue to have access and/or are able to use, as well as applicable data storage fees and charges.

8.3. In the event that CommPeak invokes its right to suspend your right to access or use any or all of our Services and you subsequently resolve the issue, CommPeak reserves the right to charge reconnection fees in accordance with our Payment Policy.

8.4. Our right to suspend your right to access or use any or all of our Services is in addition to our right to terminate this Agreement pursuant to Section 9 below.

9. Termination of Services 

9.1. You may terminate this Agreement at any time by (1) providing us with a notice; (2) closing your account for all Services for which we provide. 

9.2. CommPeak reserves the right to terminate this Agreement and/or cancel your account, discontinue Services, and right to access or use any or all of our Services immediately without notice and without incurring liability, for any of the following reasons: 

9.2.1. Any act or omission made by you results in a suspension described in Section 5.

9.2.2. You fail to comply with any material term or condition set in this Agreement.

9.2.3. If our relationship with any of our vendors or a third party who we use to provide you with Services expires, terminates, or requires us to change the way we provide Users with any or all of our Services. 

9.2.4. If we believe providing the Services could create a substantial economic or technical burden or material security risk for us, 

9.2.5. If your usage exceeds any credit limit or prepaid balance limit imposed by CommPeak in accordance with our Payment Policy.

9.2.6. If any aspect of your payment arrangement appears to be fraudulent, false, or misleading in accordance with our Payment Policy.

9.2.7. You communicate to us any intent to breach or to not comply with the terms of this Agreement, including but not limited to payment for services at then-prevailing rates.

9.2.8. In order to comply with laws, regulations, or requests of governmental entities.

9.2.9. If we determine the use of our Services by you or our provision of any of the Services to you has become impractical or unfeasible for any legal or regulatory reason.

9.3. In the event that CommPeak invokes its right to terminate your account and/or your right to access or use any or all of our Services: 

9.3.1. Termination of this Agreement for any reason whatsoever will be without prejudice to any right or obligation of CommPeak or the User in respect of this Agreement which has arisen prior to such termination, and no termination shall relieve the User of its obligation to pay the applicable fees for Services rendered up to and including the date of termination.

9.3.2. The provisions of this Agreement which by their terms, intent, or purposes are intended to survive the termination hereof shall survive the termination of this Agreement.

9.3.3. During the 30 days following termination, we will not erase any of your data and use logs as a result of the termination. You may retrieve your data and/or use logs if you pay all applicable fees and charges for post-termination Services.

10. Emergency Calls and Operator Assisted Calling

10.1 Emergency Calls

10.1.1. CommPeak is not a replacement for your telephone and can not be used for emergency calls. By accessing and/or using CommPeak’s Website and or any of our Services, you expressly acknowledge that you have read, understand, and agree that you will not be able to place calls to emergency services using CommPeak’s Services.

10.1.2. CommPeak strongly recommends that Users maintain, at all times, access to a standard telephone or cellular phone to place emergency phone calls. 

10.2. “900 Numbers.” 

10.2.1. You hereby acknowledge that CommPeak’s Services do not permit calls to 900 numbers or other pay-per-call services.

10.3. Operator Assisted Calling

10.3.1. CommPeak does not support operator-assisted calling, including but not limited to collect calls, third-party billing calls, or calling cards calls.

11. Service Availability  

11.1. CommPeak will make reasonable efforts to keep our Website and Services operational. However, from time to time, CommPeak may be required to patch, upgrade or otherwise maintain its Website and/or any of its Services (“Maintenance”) due to certain technical difficulties, updates, or in order to reflect changes in relevant laws and regulatory requirements. 

11.1.1. CommPeak will use reasonable efforts to provide prior notification on its Website regarding any scheduled maintenance (except for emergency Maintenance), and the User agrees to use reasonable efforts to comply with any Maintenance requirements following such notification. 

11.1.2. CommPeak may interrupt its provision of Service for unscheduled emergency maintenance without notice to Users.

11.2. CommPeak will make reasonable efforts to maintain its overall network quality. Nonetheless, CommPeak may be unable to initiate a service, guarantee a service start date or facilitate a service due to constraints of a third party. Any statement or representation to the contrary shall be deemed null and void.

11.3. CommPeak may (a) alter, modify or otherwise change the methods, process, or vendors by or through which it provides Services; (b) alter, modify or otherwise change the facilities uses to provide Services; (c) Substitute comparable Services for that being provided to users under This Agreement, at any time, without liability to the User and at its sole discretion.

11.3.1. If necessary and possible, CommPeak will furnish prior notice of any such modifications, alterations, changes or substitutions, on its website. (see www.commpeakstatus.com).

11.4. CommPeak reserves the right, periodically and at any time, to suspend, terminate, or otherwise discontinue, temporarily or permanently, functions and features of the Services without notice, at any time its sole discretion, all without liability to you, except where prohibited by law.

11.5. Notwithstanding the foregoing, if you have prepaid fees to CommPeak for Certain Services that CommPeak permanently discontinued, CommPeak will refund you the prepaid fees after such discontinuation, all in accordance with our Payment Policy.

12. Force Majeure 

12.1. CommPeak shall not be liable for any costs or damages attributable to failure or delay in performance arising out of circumstances beyond its reasonable control, including, without limitation: fire, lightning, flood, explosion, power failure, acts of God, pandemic, war, revolution, civil commotion, riot, law, industrial dispute of any kind, or labor unrest such as strikes, slowdowns picketing or boycotts, power shortages or interruptions, order, regulation, ordinance or requirement of any government or its representative or legal body having jurisdiction, an act of government or other regulatory bodies and any other circumstances beyond the reasonable control of CommPeak. (each a “Force Majeure Event”).

12.2. Notwithstanding any provision of this Agreement, if CommPeak is prevented, hindered, or delayed in or from performing any of its obligations under this Contract by a Force Majeure Event, CommPeak shall not be in breach of this Contract or otherwise liable for any such failure or delay in performing any of its obligations hereunder. 

12.3. If CommPeak is prevented, hindered, or delayed in or from performing any of its obligations under this Contract by a Force Majeure Event, CommPeak shall: (a) as soon as reasonably practicable after the start of the Force Majeure Event, notify Users of the Force Majeure Event, the date on which it started, its likely or potential duration, and the effect of the Force Majeure Event on its ability to perform any of its obligations under this Contract; and (b) use all reasonable endeavors to mitigate the effect of the Force Majeure Event on the performance of its obligations.

13. Third-Party Services 

13.1. Third-party software and/or Services included in CommPeak Services are made available to you under the relevant third-party website. 

13.2. On occasions, CommPeak might post links to other websites and/or third-party services. These links do not constitute an endorsement of a particular website nor of the content, products, advertising, or other materials presented on such Sites but are provided to you for your reference and convenience only. 

13.3. It is the User’s responsibility to carefully read, investigate and evaluate the content and usefulness of these websites and the information they provide you with. 

13.4. You hereby acknowledge and agree that any use of any third-party website is governed by the terms and conditions for those websites. Further, you are accessing such third-party websites at your own risk. If there are any issues concerning advice and/or service received by a user from any third parties or any other user of Website or Services unrelated to CommPeak or any claims, controversies, suits, or any damages whatsoever that may arise, users must deal directly with said third parties to resolve any disputes.

13.5. CommPeak expressly disclaims any liability for any damages whatsoever incurred by any user in connection with the use of any third-party website, the access to which was found through our Website.

14. Identifier

14.1. Except as provided otherwise by law, you hereby acknowledge and state that you have no property rights to any information, credentials, phone number, or other identifiers (“Identifier”) that we have provisioned for use with our Website, Services, or Devices. Further, you expressly agree CommPeak may change any such Identifier at any time with or without prior notice to you. 

14.2. CommPeak reserves the right to refuse to port or transfer any Identifier provisioned by us for any reason.

14.3. In the event CommPeak is required by law to transfer any Identifier to you on termination of this Agreement, transfer fees may apply. 

15. Intellectual Property

15.1. Unless otherwise stated, all materials including without limitation, text, graphics, logos, brand names, images, designs, photographs, video clips and software codes, trade secrets, design concepts, discoveries, ideas, enhancements, improvements, and inventions related thereto or derived therefrom pursuant to this Agreement other materials (collectively “Proprietary Material”) that appear or incorporated as part of our Website and/or Services are owned, controlled or licensed by CommPeak.

15.2. This Proprietary Material is protected in all forms, media, and technologies now known or hereinafter developed. 

15.3. Nothing on this Agreement, our Website, and/or Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Proprietary Material. 

15.4. You may not copy, download, use, redesign, reconfigure or re-transmit any of the Proprietary Material without CommPeak’s prior express written consent and/or the relevant right holder. Further, CommPeak’s company name, logo, or any other Proprietary Material, may not be used in any way, including in advertising or in connection with any marketing materials, without prior, written permission from CommPeak. 

15.5. Violation of this policy may result in copyright, trademark, or other intellectual property rights violations and subject you to civil suit or criminal penalties in addition to the termination.

15.6. CommPeak respects the intellectual property of others and asks that you do the same. If you believe, in good faith, that any material on our Website infringes upon your rights, please contact us at [email protected].

16. Disclaimer of Warranties and Limitation of Liability

16.1. OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS UNLESS OTHERWISE SPECIFIED IN WRITING. COMMPEAK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AS TO THE OPERATION OF OUR SERVICES, INCLUDING ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF COMMPEAK SERVICES IS AT YOUR SOLE RISK.

16.2. TO THE FULL EXTENT PERMISSIBLE BY LAW, COMMPEAK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA).

16.3. TO THE FULL EXTENT PERMISSIBLE BY LAW, COMMPEAK WILL NOT BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: (A) YOUR INABILITY TO USE OUR SERVICES, INCLUDING AS A RESULT OF ANY (I) TERMINATION OR SUSPENSION OF SERVICES OR YOUR USE OF OR ACCESS TO SUCH SERVICES, (II) OUR DISCONTINUATION OF ANY OR ALL OF THE SERVICES, OR, (III) ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE SERVICES FOR ANY REASON, INCLUDING AS A RESULT OF POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (C) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH USE OF OR ACCESS TO OUR SERVICES; OR (D) ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF YOUR DATA.

16.4. IN ANY CASE, COMMPEAK’S AGGREGATE LIABILITY WILL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAID US FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS PRECEDING THE CLAIM.

17. Indemnification

17.1. You hereby acknowledge and agree to defend and indemnify CommPeak, CommPeak’s employees, officers, directors, and representatives from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to any third-party claim concerning: (1) your use of our Services; (2) violation of applicable law or regulation by you. 

17.2. You hereby acknowledge and agree that if we or our vendors or any third-party service providers or affiliates are obligated to respond to a third-party subpoena or other compulsory legal order or process described above, you will reimburse us for reasonable attorneys’ fees, as well as our employees’ and vendors’ time and materials spent responding to the third-party subpoena or other compulsory legal order or process at our then-current hourly rates.

17.3. CommPeak will promptly notify you of any claim subject to Section 14.1, but failure to do so will only affect your obligations under Section 14.1 to the extent that our failure prejudices your ability to defend the claim.

18. Privacy

Please review our Privacy Policy available at https://www.commpeak.com/legal-portal/privacy-policy/, which also governs your use of our Services, to understand our practices. Our Privacy Policy is incorporated herein by reference.

19. Security and Data Privacy

By accessing and/or using CommPeak’s Website and or any of our Services, you consent to our collection, use, and processing of your data in accordance with our Privacy Policy and Data Processing Addendum.

20. Confidentiality

20.1. You hereby acknowledge and agree not to disclose CommPeak’s Confidential Information during the term of this Agreement or at any time during the 3 year period following the end of this Agreement. 

20.2. You hereby acknowledge and agree to take all reasonable measures to avoid disclosure, dissemination, or unauthorized use of CommPeak’s Confidential Information, including, at a minimum, those measures you take to protect your own confidential information of a similar nature. 

21. Notices

21.1. All communications and notices to be made or given pursuant to this Agreement must be in the English language.

21.2. CommPeak may provide any notice to you under this Agreement by (i) posting a notice on our Website; or (ii) sending a message to the email address then associated with your account. 

21.2.1. Notices posted on CommPeak Website will be effective upon posting, and notices sent by email will be effective when we send the email. 

21.2.2. It is your responsibility to keep your email address current and periodically check our Website. You will be deemed to have received any email sent to the email address then associated with your account when we send the email, whether you actually receive the email or not.

21.3. Notice to CommPeak could be provided by personal delivery, overnight courier, or registered or certified mail to CommPeak Limited, 1906 Lee Garden One, 33 Hysan Avenue, Causeway Bay, Hong Kong. 

21.3.1. Notices provided by overnight couriers will be effective two business days after they are sent. 

21.3.2. Notices provided registered or certified mail will be effective three business days after they are sent.

21.4. Notices must contain specific information to allow us to identify you and your Services.

22. Severability

22.1. This Agreement is the entire agreement between you and CommPeak regarding the subject matter of this Agreement. This Agreement supersedes all prior or contemporaneous representations, understandings, agreements, or communications between you and us, whether written or verbal, regarding the subject matter of this Agreement. 

22.2. CommPeak reserves the right to make changes to its Website, Policies, and Terms of Service at any time. If any of these conditions shall be deemed invalid, illegal, or unenforceable in any jurisdiction, such provision will be deemed amended to conform to applicable law so as to be valid, legal, and enforceable in such jurisdiction without altering materially the purpose and intent of the parties hereto; if such provision cannot be so amended, it will be stricken, and the remainder of this Agreement will remain in full force and effect unless the striking of such provision materially undermines the purpose and intent of the parties hereto, in which case this Agreement shall be null and void.

23. Disputes and Applicable Law

23.1. User hereby irrevocably agree that these Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales without regards to its conflicts of laws provisions. 

23.2. The English courts will have exclusive jurisdiction over any dispute or claim arising from, or related to, your use of our Website and/or Services, and you consent to exclusive jurisdiction and venue in these courts.

24. Definitions

The following words and expressions in this part, when they appear in this Agreement or within any related document and unless the context or text clearly indicates otherwise, have the following meaning:

24.1. “CommPeak” means a company incorporated under the laws of Hong Kong, registration number 1691980, having its principal place of business at 1906 Lee Garden One, 33 Hysan Avenue, Causeway Bay, Hong Kong. 

24.2. “User” means any individual or entity that directly or indirectly through another user accesses or uses CommPeak’s Website and/or Services. 

24.3. “Website” means the website resources and domain credentials owned and managed by CommPeak, which includes web pages and multimedia content, accessible via an IP network such as the internet or LAN.

24.4. “Services” means all services made available by CommPeak, including those services existing today and to be developed later. 

24.5. “Software” means any software, scripts, apps, or other code provided to the User by CommPeak for use with the Services.

24.6. “Device” means a unit of physical hardware or equipment provided by CommPeak to the User for using the Services.

24.7. “Privacy Policy” means CommPeak’s privacy policy currently available at https://www.commpeak.com/legal-portal/privacy-policy/, as it may be updated from time to time. 

24.8. “Payment Policy” means CommPeak’s payment policy currently available at https://www.commpeak.com/legal-portal/payment-policy/, as it may be updated from time to time.

24.9. “Policies” means CommPeak’s Privacy Policy, Terms of Service, Payment Policy, and any other policy or terms and conditions referenced in or incorporated into this Agreement. 

24.10. “Confidential Information” means all nonpublic information disclosed by us that is designated as confidential or that, given the nature of the information or circumstances surrounding its disclosure, reasonably should be understood to be confidential. CommPeak’s Confidential Information includes: (a) nonpublic information relating to our technology, promotional and marketing activities, finances, and other business affairs; (b) third-party information that we are obligated to keep confidential; and (c) the nature, content, and existence of any discussions or negotiations between you and CommPeak. Confidential information does not include any information that: (i) is or becomes publicly available without breach of this Agreement; (ii) can be shown by documentation to have been known to you at the time of your receipt from us; (iii) is received from a third party who did not acquire or disclose the same by a wrongful or tortious act; or (iv) can be shown by documentation to have been independently developed by you without reference to the CommPeak.

25. Interpretation

25.1. unless otherwise stated, a reference herein by numerical or alphabetical designation to an Article, Section, Subsection, Paragraph, Subparagraph, Annex or Appendix shall refer to the Article, Section, Subsection, Paragraph, Subparagraph, Annex or Appendix bearing that designation in or to the Agreement;

25.2. words importing the singular shall include the plural and vice versa, and words importing a particular gender shall include all genders; 

25.3. the necessary grammatical changes required to make the provisions of the Agreement apply shall in all instances be assumed as though in each case fully expressed.

25.4. The division of the Agreement into Articles, Sections, Subsections, Paragraphs, and Subparagraphs and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of the Agreement.