Last updated: September 29, 2026
These Terms of Use and Service (the "Terms" or the "Agreement") are an agreement between Composed Performance Inc. ("Composed Performance", "we", "us", or "our") and any individual who uses our website at www.composedperformance.com or our application (together, the "Product") ("you" or the "User").
By creating an account, clicking a button such as "I accept" or "I agree", or otherwise browsing or using the Product or viewing the information in it, you accept all the terms of this Agreement. If you do not agree with any condition of this Agreement, please close the Product immediately and stop using it.
Please note: If you are a resident of the United States, this Agreement contains a binding arbitration provision in Section 13 that affects your rights with respect to all services. The arbitration provision requires that disputes be resolved in arbitration on an individual basis. In arbitration, there is no judge or jury, and there is less appellate review than in court. This Agreement also contains disclaimers of warranties, limitations of liability, and a class action waiver.
All the policies that we adopt or introduce from time to time, including but not limited to our Privacy Policy and Cookie Policy, and, if we introduce paid features, any subscription or refund policy, form an integral part of this Agreement and are incorporated into it by reference.
We may change these Terms on this page of the Product. We may notify you specifically about some critical changes, but we are not obliged to do so in every case. Your use of the Product after any changes are made means that you accept them. After getting notice of changes to the Terms, if you do not object and opt out of the amended Terms within fourteen (14) days, the amended version is binding upon you. Section 14 gives more detail, and applicable law may give you additional rights.
1. Service
1.1. The Service
Composed Performance allows you to access digital services and digital content (the "Service") designed to help you improve your professional work performance. You may need to create an account in order to access the Service.
In the course of registration of an account, you need to provide us a valid email address, password, and/or other information as prompted by the registration form. We may also allow you to register by using your social network credentials.
1.2. Eligibility
You must be at least 18 years old to use the Product. By using it, you confirm that you are 18 or older and that you can enter into a binding agreement.
1.3. Your account
You are responsible for keeping your login details confidential and for activity under your account. Please tell us promptly at info@composedperformance.com if you think someone has used your account without your permission.
2. License and license restrictions
Subject to your full compliance with these Terms, you are granted a limited, non-exclusive, non-sublicensable, non-assignable, and non-transferable license to access, use, and display locally the Product and the Content (as defined below), solely for the purpose of using the Product for your own personal use.
Except to the extent expressly permitted under this Section 2, you shall not: (a) copy, reproduce, distribute, transfer (by sale, resale, renting, lending, license, sublicense, download or otherwise), modify, create derivative works of, publicly perform, or publicly display any part of the Product or any Content; (b) disrupt servers or networks connected to the Product; (c) use or launch any automated system (including without limitation "robots" and "spiders") to access the Product; and/or (d) circumvent, disable, or otherwise interfere with security-related features of the Product or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Product. Compliance with the foregoing restrictions is a condition to the license granted to you under this Section 2.
3. Intellectual property rights
3.1. Ownership
Your use of the Product is licensed and not sold to you under these Terms, and you acknowledge that Composed Performance and its licensors retain all title, ownership rights, and Intellectual Property Rights (defined below) in and to the Product (and its related software). We reserve all rights not expressly granted here. As used here, "Intellectual Property Rights" means any and all rights in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity, and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, whether foreign or domestic.
We reserve the right to pursue the legal remedies provided under applicable law, in particular, but not limited to, the remedies under the Digital Millennium Copyright Act (the "DMCA").
3.2. Content
The content, information, data, text, photographs, videos, audio clips, written posts, articles, comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made available on or through the Product (collectively, the "Materials"), as well as the User Submissions (defined below) and the trademarks, service marks, and logos contained in them (collectively, "Marks", and together with the Materials and User Submissions, the "Content"), are the property of Composed Performance and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. All other Marks used on the Product are the trademarks, service marks, or logos, as applicable, of their respective owners.
3.3. Use of Content
All Content is provided to you "as is" for your personal use only. You acknowledge that all Content accessed, used, or relied upon by you is at your own risk, and that you will be solely responsible and liable for any damage or loss to you or any other party resulting from such access, use, or reliance, to the fullest extent permitted by law. If you download or print a copy of the Content, you must retain any copyright and other proprietary notices contained in it. We do not guarantee that any Content you access on or through the Product is or will continue to be accurate.
3.4. Third-party open source software
Portions of the Product may include third-party (including open source) software that is subject to third-party terms and conditions ("Third-Party Terms"). We will comply with any rightful request you submit to us for exercising your rights under such Third-Party Terms. To the extent of any conflict between any Third-Party Terms and these Terms, the Third-Party Terms prevail in connection with the corresponding third-party software.
4. User submissions
4.1. User Submissions
The Product may allow you to send us feedback, opinions, recommendations, comments, and other content in connection with the Product and your experience while using it (collectively, "User Submissions"). User Submissions do not include your assessment, self-rating, or health-related data, which we handle only as described in our Privacy Policy. We do not make any User Submission publicly available unless a feature of the Product clearly tells you that it will be. You understand and agree that, whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to them, except as our Privacy Policy provides for personal data. You are solely responsible for your User Submissions and the consequences of sharing them. We have discretion whether to publish your User Submissions, and we reserve the right, without further notice to you, to monitor, edit, remove, or delete any User Submission at any time and for any reason. Each User Submission, whether publicly posted or privately transmitted, is the sole responsibility of the user who originated it. You warrant that all User Submissions originated by you will be accurate, complete, up to date, and in compliance with all applicable laws and regulations, and will not infringe the Intellectual Property Rights of any third party.
4.2. License to User Submissions
Subject to these Terms and our Privacy Policy, by submitting User Submissions you grant Composed Performance a worldwide, non-exclusive, royalty-free, fully paid, sub-licensable, assignable, and transferable license to use, reproduce, distribute, create derivative works of, publicly display, and otherwise use the User Submissions in connection with operating, improving, and promoting the Product, and you waive any moral rights in your User Submissions to the extent permitted by law. Where we quote your feedback publicly, we will not identify you by name without your permission. You represent and warrant that you have all rights, permissions, and authorizations needed to grant the license rights set out in this Section 4.
5. Terms of payment
Possibly coming soon: if Composed Performance introduces paid features, this Section 5 will apply. Until then, no payment is required to use the Service.
5.1. General provisions
If we introduce paid features, use of the Service may be on a payment basis, and you may need to buy a subscription to use it ("Subscription").
By purchasing a Subscription, you agree to an initial and recurring Subscription fee at the then-current Subscription rate, and you accept responsibility for all recurring charges until you cancel your Subscription. Your Subscription continues until cancelled by you or until we terminate your access to or use of the Product or Subscription in accordance with these Terms.
You may cancel your Subscription at any time, subject to the terms of our cancellation policy.
Automatic renewal terms. Once you subscribe, we (or our third-party payment processor) will automatically charge your Subscription fee on each renewal date. We will continue to automatically process your Subscription fee at the then-current Subscription rate, for each renewal period, until you cancel your Subscription. We explain how to cancel your Subscription in Section 5.3 below. We will show you the renewal period, the price, and the cancellation method before you buy, and we will comply with the automatic renewal laws that apply to you.
5.2. Refunds
Refunds are provided in accordance with any refund policy that we publish when we introduce paid features.
5.3. Subscription cancellation
You can cancel your Subscription by contacting our customer support team by email at info@composedperformance.com. You will be responsible for all Subscription fees (plus any applicable taxes and other charges) incurred for the then-current Subscription period. If you cancel, your right to use the Product will continue until the end of your then-current Subscription period and will then terminate without further charges. We may cancel your Subscription if you fail to pay for it or violate these Terms. If your Subscription is cancelled, you are responsible for payment of any outstanding balances on your account, including any fees you may incur or may have incurred, as described here.
5.4. Payment processing
The Service may be distributed to you by our authorized merchants of record, resellers, or agents. If your purchase of the Service is processed by any of our authorized merchants of record, resellers, or agents, then for the purposes of these Terms the term "Composed Performance" includes that merchant of record, reseller, or agent solely for payment processing purposes. We will identify them to you at the time of purchase.
6. Privacy
We respect your privacy and the use and protection of your personal information. Your submission of personal information through the Product is governed by our Privacy Policy, and our use of cookies and similar technologies is governed by our Cookie Policy. They contain important information and disclosures relating to the collection and use of your personal information by us.
7. Access through an employer or corporate client
If your employer or another corporate client (an "Organization") arranges for you to use the Product, the following applies.
This Agreement is between you and Composed Performance. The Organization is not a party to it, and it cannot change these Terms for you.
Your use of the Product is voluntary. Your Organization cannot require you to accept these Terms or to give any consent described in our Privacy Policy on our behalf.
We give an Organization only aggregate data or team-level data, and never data about you as an individual, as described in Section 8 of our Privacy Policy. We do not tell the Organization whether you have signed up or how you use the Product.
Our agreement with the Organization prohibits it from using anything we provide to it to make or influence decisions about your employment or engagement.
If the Organization's access ends, your account is handled as described in our Privacy Policy and Section 8 below.
8. Termination of account
We may suspend or terminate your use of the Product and/or your account if you violate these Terms, for security reasons, or for any other legitimate reason. Where the law requires it, we will give you notice and a reasonable opportunity to respond first.
For the purposes of these Terms, "termination" means deletion of the account from our servers and deletion or irreversible de-identification of the data related to your User Profile, as described in our Privacy Policy. At your request, we may retrieve all personal data and provide it in a comprehensive and readable form.
The decision regarding termination of an account is made each time by our Customer Service in its discretion, subject to applicable law.
In particular, termination of an account is possible as a result of its inactivity for three (3) months, violation of these Terms, security reasons, and similar reasons.
You may terminate your account at any time, for any reason, by contacting our Customer Service at info@composedperformance.com.
9. Copyright policy
9.1. Procedure for reporting claimed infringement
If you believe that any content made available on or through the Product infringes your intellectual property right, please promptly send a written "Notification of Claimed Infringement" containing the following information to the designated agent identified below. Composed Performance may share your Notification of Claimed Infringement with the User who is the possible infringer, and you consent to our making such disclosure. Your communication must include substantially the following:
a physical or electronic signature of a person authorized to act on behalf of the owner of the material(s) that has or have been allegedly infringed;
identification of the material allegedly being infringed or, if multiple materials are covered by a single notification, a representative list of such works;
identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material on the Product;
information reasonably sufficient to permit us to contact you, such as your name, address, telephone number, and email address;
a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other intellectual property owner, its agent, or the law; and
under penalty of perjury, a statement that the information in the Notification of Claimed Infringement is accurate and truthful, and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You should consult with your own lawyer and/or review applicable law regarding copyright or other intellectual property infringement to confirm your obligations to provide a valid notice of claimed infringement.
9.2. Designated agent contact information
The designated agent of Composed Performance for receipt of Notifications of Claimed Infringement can be contacted at info@composedperformance.com.
9.3. False notifications of claimed infringement or counter notifications
Composed Performance reserves the right to seek damages from any party that submits a false notification in violation of the law, as provided for by applicable law.
10. Disclaimers of warranties
10.1. Basic disclaimers of warranties
Except where inapplicable or prohibited by law, and to the fullest extent permitted by law, you expressly understand and agree that your use of the Product is at your sole risk, and the Product is provided on an "as is" and "as available" basis.
Composed Performance, its affiliates, and their respective officers, directors, employees, agents, licensors, and partners (the "Released Parties") expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement, as well as any and all warranties as to products or services offered by businesses listed on the Service. The Released Parties make no, and expressly disclaim any, warranty that:
(i) the Product will meet your requirements;
(ii) the Product will be uninterrupted, timely, secure, or error-free;
(iii) the results that may be obtained from the use of the Product, including data, will be accurate or reliable;
(iv) the quality of any data or service available on the Product will meet your expectations; and
(v) any errors in the Service will be corrected.
Any material obtained through the use of the Product is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from the use of any such material.
The Product is designed solely to help you improve your professional work performance. We cannot guarantee and do not promise any specific results, improvement, or success from use of the Product or its services. Outcomes depend on many factors outside our control, including your own circumstances and effort. You also agree to accept the risk of interruption of the Product for technical reasons.
Possibly coming soon: if we introduce AI features, responses generated by AI may be inaccurate or incomplete, and you should not rely on them as a sole basis for any decision.
10.2. No medical, health, or other professional advice
Composed Performance is a professional performance product. It does not provide medical, clinical, therapeutic, or mental-health services or advice, does not diagnose, treat, monitor, or improve any health condition, and does not promise any health improvement. Any statement posted on the Product is for general information and professional development only. It is not intended to replace or substitute for any professional financial, medical, mental-health, legal, or other advice.
Composed Performance makes no representations or warranties and, to the fullest extent permitted by law, expressly disclaims any and all liability relating to your reliance on the statements or other information offered or provided within or through the Product. If you have specific concerns, or a situation arises in which you require professional or medical advice, you should consult an appropriately trained and qualified specialist. If you are in crisis or think you may be in danger, contact your local emergency services immediately.
10.3. Change of the Product information
We may change the information provided on the Product at our discretion without notice.
We may at any time modify or discontinue, temporarily or permanently, the Product (or any part of it) with or without notice. You agree that, to the fullest extent permitted by law, we will not be liable to you or any third party for any modification, suspension, or discontinuance of the Product.
11. Limitation of liability
Except where inapplicable or prohibited by law, you expressly understand and agree that, to the fullest extent permitted by law, the Released Parties will not be liable to you for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Composed Performance has been advised of the possibility of such damages), resulting from:
(a) the use, attempted use, or the inability to use the Product;
(b) the cost of procurement of substitute goods and services resulting from any data, information, or services obtained or messages received or transactions entered into through, from, or as a result of the Product;
(c) unauthorized access to or alteration of your transmissions or data;
(d) statements or conduct of any user or third party on the Product;
(e) your reliance on content or data made available by us; or
(f) any other matter relating to the Product.
Even if Composed Performance is found liable under any theory, our liability and your exclusive remedy will be limited to the greater of the fees you have paid to Composed Performance or $100.
This limitation of liability applies to all claims, regardless of whether we were aware of or advised in advance of the possibility of damages or such claims. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. Nothing in these Terms excludes or limits liability that cannot be excluded or limited by law, including liability for death or personal injury caused by negligence, for fraud, or for gross negligence or willful misconduct, or any rights you have as a consumer under mandatory law.
12. Indemnity by you
To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Composed Performance and all of its subsidiaries, affiliates, officers, agents, and other partners and employees from and against any loss, liability, claim, or demand, including reasonable attorney's fees and costs, made by any third party resulting from or in any way connected with or related to your use of the Product in violation of this Agreement and/or your breach of this Agreement and/or any of your representations and warranties set out above.
Composed Performance reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in connection with it.
13. Dispute resolution by mandatory binding arbitration and class action waiver
This Section 13 applies only if you are a resident of the United States. If you are a resident of the European Economic Area or the United Kingdom, this Section 13 does not apply to you, and Section 17.1 applies instead.
Please read the following arbitration agreement in this Section 13 ("Arbitration Agreement") carefully. It requires you to arbitrate disputes with Composed Performance and limits the manner in which you can seek relief from us.
13.1. Applicability of Arbitration Agreement
This Arbitration Agreement governs any dispute between you and Composed Performance (and each of our respective agents, corporate parents, subsidiaries, affiliates, predecessors in interest, successors, and assigns), including but not limited to claims arising out of or relating to any aspect of the relationship between you and Composed Performance, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; claims that arose before these Terms or any prior agreement; and claims that may arise after the termination of these Terms. However, (1) you may assert claims in small claims court if your claims qualify within the scope of that court's jurisdiction; and (2) you or Composed Performance may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement applies, without limitation, to all claims that arose or were asserted before the effective date of these Terms or any prior version of these Terms.
The arbitrator has sole authority to determine the applicability of the Arbitration Agreement in each particular case. If a dispute involves both issues that are subject to arbitration and issues that are not, the parties agree that any legal proceeding regarding the issues not subject to arbitration will be stayed pending resolution of the issues subject to arbitration.
13.2. Initial dispute resolution
Most disputes can be resolved without resort to arbitration. If you have any dispute with Composed Performance, you agree that before taking any formal action, you will contact us at info@composedperformance.com and provide a brief, written description of the dispute and your contact information. The parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with us, and good faith negotiations are a condition to either party initiating an arbitration.
13.3. Binding arbitration
If the parties do not reach an agreed solution within sixty (60) days from the time informal dispute resolution is initiated under Section 13.2, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set out below. Specifically, all claims arising out of or relating to these Terms (including their formation, performance, and breach), the parties' relationship with each other, and/or your use of the Product will be finally settled by binding arbitration before one arbitrator, administered by a recognized, independent arbitration institution that offers consumer arbitration rules and that we will identify to you if a dispute arises (the "Administrator"). Disputes are subject to the Administrator's most current consumer or streamlined arbitration rules when the notice of arbitration is submitted, and, for larger claims, its comprehensive rules.
The Administrator's rules will apply as modified by this Arbitration Agreement. If the applicable rules conflict with these Terms, these Terms govern unless otherwise agreed by the parties and the arbitrator. If the Administrator is not available to arbitrate, the parties will select an alternative arbitral forum.
13.4. Arbitration proceedings
Initiating arbitration. To start an arbitration, you must follow the instructions published by the Administrator for commencing an arbitration.
Arbitration fees. If you are a consumer and you initiate arbitration, the only fee you are required to pay is the lesser of the Administrator's consumer filing fee and $250, and we will bear the other part of the filing fee (if any). If the arbitrator finds the arbitration initiated by you to be non-frivolous and not in bad faith, all other arbitration costs will be borne by Composed Performance. If Composed Performance initiates arbitration against you and you are a consumer, we will pay for all costs associated with the arbitration. The parties are responsible for paying their own attorneys' fees unless the arbitration rules and/or applicable law provide otherwise.
Should either party bring a dispute involving issues subject to arbitration in a forum other than arbitration, the court or the arbitrator has the authority to award reasonable costs, fees, and expenses, including reasonable attorneys' fees, incurred by the other party in successfully staying or dismissing, in whole or in part, such other proceeding or in otherwise enforcing compliance with this Arbitration Agreement.
Arbitrator selection. The arbitrator must be neutral, and you will have a reasonable opportunity to participate in the process of choosing the arbitrator.
Arbitration hearings. The arbitrator will conduct hearings, if any, by teleconference or videoconference (based on written and/or electronic filing of documents), rather than by personal appearances, unless the arbitrator determines, upon request by you or by us, that an in-person hearing is appropriate. Any in-person appearances will be held at a location that is reasonably convenient to both parties, with due consideration of their ability to travel and other pertinent circumstances, provided that if you are a consumer, you have a right to an in-person hearing in your hometown area. If the parties are unable to agree on a location, that determination will be made by the Administrator or the arbitrator.
Consumer remedies. If you are a consumer, remedies that would otherwise be available to you under applicable laws remain available under this Arbitration Agreement, unless you retain the right to pursue such remedies in court under this Agreement.
Discovery of non-privileged information. As part of the arbitration, both you and we will have the opportunity for discovery of non-privileged information that is relevant to the claim.
Upon either party's request, the arbitrator will issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award, and that any permitted filing of confidential information must be done under seal.
Communications with the arbitrator. Whenever communicating with the arbitrator, the parties must include each other, for example by including the other party on a telephone conference call and copying the other party on any written submissions, such as letters or emails. To the extent practicable, conferences with the arbitrator will take place by telephone conference call or email. Ex parte communications are not permitted with any arbitrator.
Choice of law. The arbitrator will apply the laws of the State of Colorado, consistent with the Federal Arbitration Act and applicable statutes of limitations, and will honor claims of privilege recognized at law.
Arbitrator's award. An arbitrator's award will consist of a written statement stating the disposition of each claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based. The arbitration award is final and binding on the parties. Judgment on the arbitrator's award may be entered in any court of competent jurisdiction.
13.5. Class action waiver and jury trial waiver
The arbitrator has no authority to award punitive damages. Neither you nor Composed Performance agrees to any arbitration on a class basis, and the arbitrator has no authority to proceed on such a basis. A party may assert a claim or counterclaim only in that party's individual capacity and not as a plaintiff or class member in any purported class proceeding. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of class proceeding. Under this Arbitration Agreement, the arbitrator will not combine or consolidate more than one party's claims without the written consent of all affected parties to an arbitration proceeding.
By agreeing to the arbitration of disputes as set out here, you agree that you are waiving your right to a jury trial and limiting your right to appeal, and you understand that you are waiving your rights to other available resolution processes, such as a court action.
13.6. Litigation of intellectual property and small claims court claims
Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations, or claims arising from or relating to theft, piracy, or unauthorized use of intellectual property in a court with jurisdiction or in another relevant state authority to protect its intellectual property rights. Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
13.7. 30-day right to opt out
You have the right to opt out and not be bound by the arbitration and class action waiver provisions in this Section 13 by sending electronic notice of your decision to opt out to info@composedperformance.com with the subject line "Arbitration and class action waiver opt-out." The notice must be sent within 30 days of (a) the effective date of these Terms; or (b) the first date that you used the Product with a version of the Terms that substantially included this Arbitration Agreement (including the class action waiver), whichever is later. Otherwise you will be bound to arbitrate disputes in accordance with this Section 13. If you opt out of this Arbitration Agreement, Composed Performance also will not be bound by it.
To be effective, the opt-out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you agree to resolve disputes in accordance with Section 17.1 (Governing law and venue).
13.8. Severability of Arbitration Agreement
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision will be severed from these Terms; (b) severance of the unenforceable or unlawful provision will have no impact on the remainder of this Arbitration Agreement or the parties' ability to compel arbitration of any remaining claims on an individual basis under it; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in court in accordance with Section 17.1 (Governing law and venue), and the parties agree that litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Arbitration Agreement is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought outside of arbitration, and the remainder of this Arbitration Agreement will be enforceable.
13.9. Survival
This Arbitration Agreement survives any termination of your use of the Product.
14. Changes to the agreement and its parties; notices
14.1. Changes to the Agreement
We reserve the right to change the Agreement from time to time by
a) posting the changed Agreement (or parts of it) to the Product; or
b) otherwise giving you notice of the changes.
The changes are effective upon such posting or upon our giving you such notice, whichever is earlier, unless we expressly indicate otherwise or the law requires a longer notice period. For material changes, we will give you at least fourteen (14) days' notice, as stated at the top of these Terms.
It is your responsibility to check the Product and your email account periodically for changes to these Terms and other parts of the Agreement.
Your continued use of or access to the Product following the effective date of any changes to the Agreement constitutes acceptance of those changes, except where the law requires your fresh consent (for example, for changes to how we process special category data under our Privacy Policy). This Agreement may not be changed by you, unless any changes proposed by you are expressly accepted by Composed Performance in writing.
Any new features that are added to the Product are also subject to the Terms.
In this clause, the terms "change" and "changed" in relation to changes to the Agreement are interpreted broadly and include any and all modifications, amendments, revisions, and restatements, including adding or removing any portions of this Agreement.
14.2. Changes to parties
We may assign or transfer all of our rights and obligations under this Agreement to any other person, whether by way of novation or otherwise, and you give us consent to any such assignment and transfer, to the extent permitted by law.
You agree that posting on the Product of a version of this Agreement indicating another person as a party to this Agreement constitutes sufficient notice to you of the transfer of our rights and obligations under the Agreement with you to that party (unless otherwise expressly indicated).
14.3. Notices
Without prejudice to the provisions of the preceding clause, we may choose to notify you of changes to this Agreement by posting a notice via the Product, by sending you an email, or otherwise.
If we choose to notify you about changes to this Agreement or about other matters by email, each such notification is effective and deemed received by you immediately after being sent to the email address you have provided to us, even if:
(a) our email notification is filtered as spam, junk, bulk, or other undesirable or low-priority message and is not displayed in your email inbox; or
(b) you do not actually read it for any other reason.
To reduce the chance that it is so filtered, please add info@composedperformance.com to your email contact book and mark this address as a "safe" or "approved" sender. In addition, you may wish to create a custom filter marking emails from this address as important emails for your high-priority inbox. Please contact your email service provider if you are not sure how to do any of that.
15. Term of the agreement
This Agreement takes full force and effect when you access the Product and remains in effect while you use the Product until your account is terminated for whatever reason.
After your account is terminated, all terms that by their nature may survive termination of this Agreement are deemed to survive such termination, including, but not limited to, the provisions on intellectual property, User Submissions, privacy, disclaimers of warranties, limitation of liability, indemnity, dispute resolution, and governing law.
We reserve the right to take further action for our loss or the potential loss of other Users or third parties when necessary due to your breach of this Agreement.
16. Electronic signature
You acknowledge and agree that by clicking a button labeled "Submit", "I accept", "I agree", or similar links or buttons, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement.
Pursuant to any applicable statutes, regulations, rules, ordinances, or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the "E-Sign Act") or other similar statutes, you agree to the use of electronic signatures, contracts, orders, and other records and to electronic delivery of notices, policies, and records of transactions initiated or completed through the Product.
Furthermore, you waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature, delivery or retention of non-electronic records, or payments by other than electronic means.
17. Miscellaneous
17.1. Governing law and venue
United States. The laws of the State of Colorado, excluding its conflict of law principles, govern these Terms and your use of the Service. To the extent that any action relating to any dispute under these Terms is for whatever reason not submitted to arbitration, each of the parties submits to the exclusive jurisdiction of the state and federal courts located in the State of Colorado, and the parties irrevocably submit to the personal jurisdiction and venue of those courts and waive any defenses of improper venue or forum non conveniens.
European Economic Area and United Kingdom. The laws of the State of Colorado govern these Terms, but this does not remove the protection you have as a consumer under the mandatory laws of the country where you live. You may bring a claim in the courts of your country of residence, and nothing in these Terms limits any right you have to do so.
17.2. Entire agreement; severability
This Agreement and all other provisions referenced in it contain the entire agreement between you and Composed Performance regarding the use of the Product. If any provision of this Agreement is held invalid, the remainder of this Agreement continues in full force and effect.
17.3. No waiver of breach or default
The failure to require performance of any provision does not affect our right to require performance at any time afterwards, nor does a waiver of any breach or default of this Agreement or any provision of it constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
17.4. Force majeure
Composed Performance is not responsible for any failure to perform due to unforeseen circumstances or causes beyond our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials; failure of the telecommunications or information services infrastructure; hacking, spam, or any failure of a computer, server, or software, for so long as such an event continues to delay our performance.
18. Contact information
Please contact us with any questions regarding this Agreement.
E-mail: info@composedperformance.com
Attention of: Customer Support, Composed Performance.
All rights reserved.