1. Acceptance of these Terms
By accessing or using the EKOM1 Inc. website located at ekom1.com (the “Site”), you agree to these Terms of Use (“Terms”). If you do not agree, do not use the Site. These Terms apply only to your use of the Site. They do not govern any services EKOM1 may perform for you or your organization, which are governed by separately executed agreements.
2. Permitted use
Subject to these Terms, EKOM1 grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for lawful, informational, and business-evaluation purposes. You agree to comply with all applicable laws and these Terms in connection with your use of the Site.
3. Intellectual property
The Site and its contents - including text, graphics, logos, icons, images, audio, video, software, design elements, and the selection, arrangement, and compilation thereof - are owned by EKOM1 or its licensors and are protected by applicable intellectual property and other laws. Except as expressly permitted, you may not copy, reproduce, modify, distribute, publish, transmit, display, perform, create derivative works from, or otherwise exploit any portion of the Site without our prior written consent.
The EKOM1 name, logo, and related marks are trademarks of EKOM1 and may not be used without our permission.
4. No unlawful or prohibited use
You agree not to use the Site in any manner that:
- violates any applicable law, regulation, or third-party right;
- interferes with or disrupts the Site, our servers, or networks connected to the Site;
- attempts to gain unauthorized access to any portion of the Site, related systems, or other users’ accounts;
- introduces viruses, malware, or other harmful code;
- uses automated means, including bots, scrapers, crawlers, or data-mining tools, to access, monitor, or copy the Site or its content, except to the extent permitted by applicable law or expressly authorized in writing by EKOM1;
- misrepresents your identity, affiliation, or intent;
- uses the Site to harass, defame, or harm any person.
5. No reliance; informational purposes only
Content on the Site is provided for general informational purposes only. It does not constitute professional, legal, tax, financial, or other advice and should not be relied upon as a substitute for engaging qualified advisors. EKOM1 makes reasonable efforts to present accurate information but does not warrant that Site content is complete, current, or error-free. Your use of Site content is at your own risk.
6. Third-party links and content
The Site may include links to third-party websites, services, or resources. We provide these links for convenience only. We do not endorse, control, or assume responsibility for third-party content, products, or services. Your use of third-party websites or services is subject to their own terms and policies.
7. User submissions and feedback
If you voluntarily provide ideas, suggestions, or feedback regarding the Site or our services (“Feedback”), you grant EKOM1 a non-exclusive, worldwide, royalty-free license to use that Feedback for lawful business purposes without obligation to you. Please do not submit confidential, sensitive, or proprietary information through the Site except where we have expressly requested it under a separate agreement or secure process.
8. Privacy
Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference.
9. No warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT FOR LIABILITY THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW, THE SITE AND ALL CONTENT AND MATERIALS ON IT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE. EKOM1 DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS.
10. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT FOR LIABILITY ARISING FROM OUR FRAUD, WILLFUL MISCONDUCT, OR VIOLATION OF LAW TO THE EXTENT SUCH LIABILITY CANNOT BE LIMITED OR EXCLUDED, IN NO EVENT WILL EKOM1, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SITE OR ITS CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF EKOM1 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
11. Indemnification
To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless EKOM1 and its affiliates and their respective officers, directors, employees, and agents from and against third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to (a) your use of the Site in breach of these Terms, (b) your violation of applicable law, or (c) your violation of any third-party right.
12. Governing law and venue
These Terms and any dispute arising out of or relating to them or the Site will be governed by the laws of the State of California, without regard to its conflict-of-laws principles. You agree that any legal action or proceeding arising out of or relating to these Terms or the Site will be brought exclusively in the state or federal courts located in Santa Clara County, California, and you consent to the personal jurisdiction and venue of those courts.
This choice of law and venue does not override any mandatory consumer protections in your jurisdiction where such protections apply.
13. Changes to these Terms
We may update these Terms from time to time. If we make material changes, we will post the revised Terms with a new “Last updated” date and may provide additional notice on the Site. Changes apply prospectively from the effective date shown on the updated Terms. Your continued use of the Site after the updated Terms become effective constitutes your acceptance of the revised Terms.
14. Termination
We may suspend or terminate your access to the Site at any time, in our reasonable discretion, including for conduct that we believe violates these Terms or is harmful to EKOM1 or others. Sections that by their nature should survive termination will survive.
15. Severability and waiver
If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any provision is not a waiver of our right to do so later.
16. Entire agreement
These Terms, together with the Privacy Policy, Cookie Notice, and any other policies expressly referenced in them, constitute the entire agreement between you and EKOM1 regarding the Site and supersede any prior or contemporaneous understandings regarding that subject matter.
17. Contact
Questions about these Terms may be directed to:
EKOM1 Inc.
Silicon Valley, California
Email: hello@ekom1.com