Terms of Service

Last updated: 3 September 2024

General Terms and Conditions - All Users

1. User's relationship with the Company

Welcome to ComPress (the 'Platform'). These Terms of Service (these 'Terms'), as they may be amended from time to time, regulate the relationship and act as a contract between the user and HiWay Media S.r.l., (the 'Company', 'we' or 'us') establishing the conditions for accessing and using the Platform and its services, applications, websites, products and/or related content (collectively, the 'Services'). For the purposes of these Terms, the terms 'user' and 'your(s)' mean the other party as a user of the Services.

The Platform includes the official ComPress website, ComPress services in other forms that currently exist or will be devised in the future, and services for you through third-party websites and software applications that enable you to access and use the Platform and Services.

The version of the Platform may differ due to factors such as the jurisdiction from which you access the Platform and the device you are using. The Services, in whole or in part, may not be available in all jurisdictions, for all devices or in all languages.

The user may access the Platform and obtain the Services via login access to the official ComPress website. Unofficial versions of ComPress obtained via any other platform or any other website are not authorised by us and we are not responsible for their content. We shall not be liable for any consequential loss, which shall be borne exclusively by the user.

These Terms constitute a legally binding agreement between you and us. We invite you to read them carefully.

2. Acceptance of the conditions

By using our Services, you confirm that you are entitled to enter into a binding contract with us, that you accept these Terms (including any supplemental terms attached hereto) and that you agree to abide by them.

Your access to and use of our Services is also subject to our Privacy Policy and such terms are incorporated by reference into these Terms.

You may also be subject to additional terms and policies for accessing or using the new features of the Platform, certain Services and/or accessing or using certain content for commercial purposes (where permitted). Such additional terms and policies will form part of these Terms.

If You access or use the Services on behalf of a company or legal entity, (a) the terms 'You' and 'Your(s)' include You and such company or legal entity, (b) You represent and warrant that You are an authorised representative of the company or legal entity and have the authority to bind it to these Terms and to accept these Terms on behalf of the company or legal entity, and (c) the company or legal entity represented by You is legally and financially responsible for Your access to or use of the Services as well as access or use of your account by others, whether or not they are affiliates of the company or legal entity you represent, including employees, agents or contractors.

You may accept these Terms by accessing or using our Services. You understand and agree that we will henceforth treat your access and use of the Services as acceptance of these Terms.

We encourage you to print or save a copy of these Terms locally for future reference.

3. Amendments to these conditions

We may amend or update these Terms from time to time to reflect changes to applicable laws, regulations, standards, industry codes or other provisions of a similar nature, or to reflect changes, upgrades or new features of the Platform and/or Services.

We will use commercially reasonable efforts to inform you of any significant changes to these Terms by means of a notice on the Platform or by other means.

You should review these Terms each time you visit the Platform so that you are always informed of our practices.

The 'Last Updated' date at the top of these Terms indicates the effective date of such amended Terms.

Your continued access to or use of the Platform and/or the Services after the date of the updated Conditions will constitute your acceptance of the Conditions. If you do not accept the updated Conditions, you must cease accessing or using the Platform and Services.

For the purposes of these Terms, 'applicable laws' means all applicable laws, regulations, rules, statutes, codes, ordinances, orders, warrants, decrees or other requirements issued by a governmental authority, as amended from time to time.

4. User account

To access or use our Services, you must have an account. By creating such an account, you are required to provide true, complete, correct and current personal data. It is important that you keep your account information, as well as any other personal data you provide, up to date in a timely manner so that such information is always current, accurate and complete.

You acknowledge and agree:

• (a) that you are solely responsible for the security and confidentiality of your account login data;
• (b) that you are solely responsible (to us and to third parties) for all activities carried out on the Platform within or through the use of your account. If you access the Platform or use the Services on behalf of a company or legal entity, all such activities will be attributable to and binding on that company or legal entity;
• (c) the Company and its affiliates may, but are under no obligation to, monitor activities on the Platform as part of or through the use of your account, but shall not be liable for any losses incurred by you as a result of or in connection with unauthorised access to your account.

We reserve the right to temporarily or permanently suspend or terminate your account, or to impose limits or restrictions on your access to certain parts or all of the Services, with or without notice and at any time, with or without providing a reason, including but not limited to:

• if we have reasonable grounds to believe that you have violated, or suspect that you have violated, these Terms, including any agreements, policies or guidelines incorporated herein by reference, or any applicable law;
• if any activities occur on your profile that, in our sole discretion, cause or may cause harm to us or other users, impair or may impair our ability to provide the Platform or Services, or infringe or may infringe the rights of any third party (including intellectual property rights);
• in response to requests from law enforcement or other government agencies, as part of a valid legal proceeding;
• due to unforeseen technical or security issues or problems;

If we suspend or terminate your account permanently, we will notify you in advance to allow you time to access and save data and content, except when we have reason to believe that continued access to your account will harm us, other users or our Services, or violate requests of law enforcement or other government agencies, applicable laws or regulations, or the rights of third parties.

Without prejudice to any legal rights you may have under applicable laws, if your account is temporarily or permanently suspended or terminated, access to your account and any data or content associated with your account may also be suspended or terminated. In view of the fact that we do not guarantee the permanent availability of your content, we encourage you to make regular backups of the content you care about.

Deleting your profile will terminate your access to and use of the Platform and Services.

5. Your access to and use of our Services

Your access to and use of the Services is subject to these Terms and all applicable laws and regulations.

You agree to use the Services only for the purposes expressly permitted under these Terms.

You may not:

• Access or use the Services if you do not have full physical and legal capacity to accept these Terms, or if you are not authorised to use the Services by the company or legal entity that you represent;
• Engage in or attempt to engage in any of the following: copying, deciphering, modifying, adapting, translating, reverse engineering, disassembling, decompiling, or creating derivative works based on the Services, including any files, tables, or documentation (or any part thereof), or locating or attempting to locate any source code, algorithms, methods, or techniques incorporated into the Services or derivative works thereof;
• Modify or remove any copyrights, trademarks, service marks, trade names, slogans, logos, images or other proprietary notices or marks displayed through the Services;
• Distribute, license, transfer, or sell, in whole or in part, any of the Services or any derivative works thereof, or use the Services or any derivative works thereof in a manner not authorised by us;
• market, rent or lease the Services, either in exchange for a fee or charge, or free of charge, or use the Services for advertising or solicitation;
• interfere or attempt to interfere with the proper working of the Services or circumvent or circumvent any measures we have put in place to prevent or limit access to the Services;
• incorporate the Services into any other program or product, or incorporate any content from the Services into any other program or product, except as expressly permitted under these Terms
• Impersonate any person or entity or otherwise misrepresent your affiliations.
• Use any automated code or other technology to collect information from, or otherwise interact with, the Services.
• Use the Services to upload, transmit, distribute, store, or otherwise make available in any manner computer code (including malware or software), files, or content that contains viruses, Trojan horses, spyware, adware, keyloggers, or other malicious content.
• use the Services in a manner that infringes or violates the publicity, privacy, copyright, trademark, or other intellectual property or other rights of any third party
• use the Services to bully, harass, intimidate, cause distress, threaten, hurt, embarrass, alter, defame, provoke or incite any other person
• use the Services to communicate or make available material or content that (i) is defamatory to third parties, obscene, offensive, pornographic, or incites hatred or violence; (ii) would constitute, encourage, or provide instructions for criminal offences, dangerous activities, or self-harm (iii) is deliberately designed to provoke or incite people, in particular by bullying, or is intended to harass, harm, hurt, cause distress, embarrass or alter people; (iv) contains threats of any kind, including threats of physical violence; or (v) is racist or discriminatory, including discrimination on the basis of race, religion, age, gender, disability or sexuality;
• engage in any conduct that restricts or inhibits any person from using or enjoying the Services or which, in our sole judgment, exposes us or our users, affiliates or other third parties to liability, damages or injury of any kind.

We reserve the right, at any time and without notice, to remove or disable access to content at our discretion for any reason or without providing a reason. Some of the reasons we may remove or disable access to content may include finding content that is objectionable, in violation of these Terms, or otherwise harmful to the Services or our users. If you violate these Terms or applicable laws, we may suspend or terminate your access to the Services at any time, with or without notice

You acknowledge that violation of these Terms or applicable laws may result in civil, criminal, or other liability.

We reserve the right to report your violation(s) to law enforcement authorities and to take other remedies available to us.

In addition to these Terms, you shall comply with the requirements and restrictions applicable to cloud storage services (e.g., file type limitations, format limitations, document size limitations).

If your use violates these Terms, applicable laws, or any applicable rules, we have the right to take corresponding measures, such as suspending or terminating your access to the corresponding Services, deleting Content that exceeds the authorized storage capacity, or that does not comply with these Terms, applicable laws, or rules applicable to such cloud storage functionality.

You shall always back up your Content. We are not responsible for any loss of your Content or data stored using the cloud storage feature to the extent permitted by applicable laws.

6. Intellectual Property Rights

The Services are protected by applicable copyright, patent, trademark and other intellectual property laws. All intellectual property rights in and to the Services are owned by us or our third-party licensors to the fullest extent permitted by applicable law.

Subject to the other terms contained in these Terms, you may not publish, reproduce, distribute, display, perform, correct, adapt, modify or otherwise exploit any part of the Services without our prior written permission.

We respect your intellectual property rights and ask you to do the same. As a condition of receiving access to and using the Services, you agree that you will not use the Services for the purpose of infringing any intellectual property rights, nor will you access or use the Services or any content for commercial or unauthorised purposes.

We reserve the right at any time, with or without notice and in our sole discretion, to block access to the Services or suspend or terminate the account of any user who infringes or is alleged to have infringed any intellectual property or proprietary rights.

7. Contents

Company Contents

• As between you and the Company, all content, software, images, text, graphics, illustrations, logos, animations, effects, designs, patents, trademarks, service marks, copyrights, photographs, audio, video, music and visual and interaction features of the Services, and all intellectual property rights related thereto (the 'Company Content'), are owned or licensed by the Company.
• The use of the Company Content or materials on the Services for any purpose not expressly permitted by these Terms is strictly prohibited.
• You are hereby granted and authorised to use the Services and only in accordance with these Terms. You acknowledge and agree that the Company may terminate this authorisation at any time for any reason or no reason.

Third party content/services

• Certain content available on the Platform is provided for your exclusive use.
• You have a non-transferable, non-sublicensable licence to access and use such content through your use of the Services and solely in accordance with these Terms and in the manner permitted on the Platform.
• Where our Services contain links to other sites and resources provided by third parties, these links are provided for informational purposes only. We have no control over the content of such sites or resources. The presence of such links on our Platform, or the presentation of such links to you as targeted advertisements during your use of the Service, should not be construed as an endorsement or approval by us of such linked websites, the operators of such websites or the information that you may obtain there, or as any representation by us that we have reviewed the content of such websites. Your use of such third party sites or resources may be subject to terms and conditions (including privacy policies) entered into between the providers of such sites or resources and you. We have no control over those terms and conditions and will not be a party to any agreement (including any contracts) or understanding between you and such providers.

User Generated Content

• Users of the Services may be permitted to upload, post, transmit or otherwise make available content through the Services including, but not limited to, music (including both audio recordings uploaded from the local library of recordings on your device, or extracted from videos on your device), video templates and any text, photographs, videos, sound recordings and musical works contained therein (including videos incorporating audio recordings stored locally from your personal music library and ambient noise).
• Users of the Services may also superimpose on the Content music, effects, stickers, filters, animations and other elements provided by the Company in connection with the Platform.
• You may access or use a feature of the Services that allows you to upload or transmit Content to a third party platform or share Content with other users. If you use such a feature, you must comply with the content guidelines of such third party platform.
• All Content shall be considered non-confidential. You may not upload or make available any Content that is deemed confidential or proprietary to any other party. When you upload or make available Content through the Services, you agree, represent and warrant that you are the owner of such Content, or that you have received all necessary authorizations (including any necessary licenses), approvals, or are authorized by the owner of any part of the Content to post such Content to the Services and/or otherwise use such Content on or through the Services.
• You must own your Content or have obtained all necessary rights, licences and permissions for all elements of your Content. For example, if you own only the rights to a phonographic recording, but not to the underlying musical works embodied in such phonographic recordings, you may not upload or otherwise make available such phonographic recordings on or through the Services unless you have all necessary authorisations (including any necessary licences), approvals or are authorised by the owner of any part of the musical works to upload and otherwise make them available through the Services.
• Except where expressly provided otherwise in these Terms, you or the owner of the Content remain the owner of the copyright and any other intellectual property rights in the Content you submit to us, but by submitting Content through the Services, you grant us the right to use, modify, adapt, reproduce, make derivative works of, display, publish, transmit, distribute, and/or archive the Content to provide the Services to you.
• For the avoidance of doubt, the rights granted in the preceding paragraphs of this Section include, but are not limited to, the right to reproduce phonographic recordings (and create mechanical reproductions of the musical works embodied in such phonographic recordings) and publicly perform and communicate to the public phonographic recordings (and the musical works contained therein), all free of charge. This means that you grant us the right to use your Content without any obligation to pay royalties to you or any third party, including, but not limited to, a copyright holder of phonographic recordings (e.g. a record label), a copyright holder of musical works (e.g., a music publisher), collective rights management organizations, any labor union or corporation, and engineers, producers, or other royalty claimants who may have been involved (knowingly or unknowingly) in the creation of the Content.
• In connection with your use of the Services, you may be able to upload or submit content to be made available through the Services (the “User Content”). As a condition of your use of the Services, you grant us a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, transferable, and sublicensable license to access, use, host, cache, reproduce, transmit, and display the Content in connection with your use of the Services. By submitting Content through the Services, you represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, powers and/or authority necessary to grant the rights granted herein for the Content. You agree that the Content shall not contain material subject to copyright or other proprietary rights unless you have the necessary authorization or are otherwise legally entitled to upload the material and grant us the license described above. Notwithstanding any provision to the contrary, we are not required to, nor do we have any obligation to, store any Content.
• The Content will not be available once you delete it from the Platform.

8. Use of the Platform

The user is responsible for providing the mobile or fixed device, wireless service plan, software, Internet connections, and/or other equipment or services needed to use the Platform. We do not guarantee that the Platform will be accessible and usable on any specific device or with any particular service plan. We do not guarantee that the Platform is or will be available in any particular geographic location. As part of the Services, you may receive push notifications or other types of messages sent to you directly in connection with the Platform (“Push Messages”). You acknowledge that when you use the Platform, your internet service provider may charge you fees for data traffic, text messaging, and/or other internet access, including in connection with Push Messages. You may check your Push Messages settings and choose whether or not to accept them through the Services or through your device's operating system.

We encourage you to check with your Internet service provider about the fees charged for accessing and using the Platform, including receiving Push Messages. You are solely responsible for paying any fees, costs, or expenses incurred to use the Platform on your device, including the receipt of Push Messages.

9. Disclaimer of Rights to User Content

By uploading or making Content available on or through the Services, you waive any right to prior inspection or approval of any marketing, advertising or promotional materials related to such Content.

You also waive (to the extent permitted by applicable law) any rights of privacy, publicity or any other rights of a similar nature in connection with your Content or any part thereof. You waive (to the extent permitted by applicable law) and agree that you will never assert any moral rights that you may have in or to any User Content that you upload or otherwise make available through the Services, or support, further or authorize any action based on such moral rights.

We, or authorized third parties, reserve the right to cut, trim, edit, or refuse to upload Content at our or their sole discretion. In addition, we have the right, but not the obligation, in our sole discretion, to remove, refuse, block or delete any User Content (i) that we believe violates these Terms, or (ii) in response to complaints from other users or third parties, with or without notice and without any liability to you.

Accordingly, you should save to your personal devices a copy of any Content that you upload or make available on the Services, should you wish to ensure that you have permanent access to copies of such Content.

We have no liability in connection with any Content or information submitted or made available by users of the Services and made available on the Services or posted elsewhere by users and/or third parties.

You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content made available by you and other users on the Services (including Content).

10. Limitation of liability

We disclaim any liability to the user in case of:

• Loss of profits (occurring directly or indirectly).
• indirect, incidental, consequential damages of any kind that you may suffer as a result of any changes we may make to the services or in the event of permanent or temporary interruption in the provision of the services (or any functionality within them);
• of the deletion, corruption or failure to store content and other communication data stored or transmitted by or through your use of the Services.

These limitations on our liability to you will apply regardless of whether we have been advised or should have been aware of the possibility of such losses occurring.

We are not responsible for any content made available on or through the platform or services by users or third parties. To the fullest extent permitted by law, any dispute between you and any third party arising out of your use of the services including, without limitation, any carrier, copyright owner third party website or resource provider, or other user or creator of the platform will directly affect you and such third party, and you irrevocably release us and our affiliates from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with disputes between you and such third parties.

11. Interruption and termination of the Services

We will make commercially reasonable efforts to keep the Services operational.

However, we do not guarantee the availability of any Services unless otherwise required by applicable law. You acknowledge that the Services may be discontinued from time to time for various reasons (e.g., due to scheduled or emergency downtime or failure of network or telecommunications service providers).

We may also terminate the Services and your access to or use of them permanently. You agree that we will not assume any obligation or liability to you with respect to the Services for such termination of the Service Plans, or for any interruption, modification or termination of the Services or any part thereof, to the fullest extent permitted by applicable law.

12. Other terms and conditions

• Open source software. The Platform contains open source software. Each element of open source software is subject to the respective applicable license terms.
• Security. We do not guarantee that our Services are secure or free of bugs, viruses, or Malicious Code. You are responsible for configuring your computer equipment, computer programs, and platform to access our Services. You should use your own anti-virus software.
• Severability Clause. If a court, having the jurisdiction to decide this matter, determines that any provision of these Terms is invalid, that provision will be removed from these Terms without affecting the remaining provisions, which will continue to remain valid and enforceable.
• Linked Third Party Content. The Services may contain links to third-party content. We do not control, endorse, sponsor, recommend, or otherwise accept any responsibility for such content.
• Prevailing Language. These Terms may be provided in language versions other than the English version. Unless otherwise explicitly stated under these Terms, in case of inconsistencies between versions in different languages, the English version will prevail.