Terms of Service

LAST REVISED: February 2025

These Terms of Service (the "Terms") govern your use of the services provided by Como ("we," "us," "our") through our website and application (the "Service"). Each time you access or use the Service, and any software, service, feature, product, program, and element provided by or on behalf of Como in connection with the Service, you are agreeing to the terms and conditions of these Terms.

These Terms hereby incorporate by reference any additional terms and conditions posted by Como through the Service or otherwise made available to you.

Privacy Policy: By using the Service, you also agree to our Privacy Policy. To view our Privacy Policy, please visit the Privacy Policy page on our website.

If you are accessing or using the Service on behalf of a business, you represent and warrant that you have authority to accept these Terms on behalf of that business and that business agrees to these Terms.

ARBITRATION NOTICE: You agree that disputes between you and us will be resolved by binding, individual arbitration under the Arbitration and Conciliation Act, 1996 (India), and you waive your right to participate in a class action lawsuit or class-wide arbitration. We explain some exceptions and how you can opt out of arbitration below.

The Service is made available for use only by individuals at least 18 years of age who offer creative services or seek creative services in the creative fields contemplated by the Service (collectively, 'users' or 'participants'). You acknowledge and agree that your license to use the Service is automatically revoked upon your attempt to use the Service for any other purpose.

Como reserves the right, at any time, to modify, suspend, or discontinue the Service (in whole or in part) with or without notice to you. You agree that Como will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Service or any part thereof.

You acknowledge and agree that Como has no obligation to provide you with any support or maintenance in connection with the Service.

Unless otherwise indicated, any future release, update, or other addition to functionality of the Service shall be subject to these Terms. All copyright and other proprietary notices on the Service must be retained on all copies thereof.

Subject to these Terms, Como grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Service solely for your own use.

Excluding any User Content that you may provide (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Service and its content are owned by Como or Como's suppliers. Neither these Terms (nor your access to the Service) transfers to you or any third party any rights, title, or interest in or to such intellectual property rights, except for the limited access rights expressly set forth above. Como and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.

By using the Service, you agree not to:

license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Service, whether in whole or in part, or any content displayed on the Service;

modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Service;

access the Service in order to build a similar or competitive website, product, or service;

copy, reproduce, distribute, republish, download, display, post, or transmit in any form or by any means the Service or any component thereof, except as expressly permitted herein;

upload, transmit, or distribute to or through the Service any computer viruses, worms, or any software intended to damage or alter a computer system or data;

send through the Service unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;

use the Service to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent;

interfere with, disrupt, or create an undue burden on servers or networks connected to the Service, or violate the regulations, policies or procedures of such networks;

attempt to gain unauthorized access to the Service (or to other computer systems or networks connected to or used together with the Service), whether through password mining or any other means;

harass or interfere with any other user's use and enjoyment of the Service;

provide personally identifiable information from any user profile, resume, or application to any third party;

access or use the Service in any manner that is in violation of applicable laws and regulations; or

use software or automated agents or scripts to produce multiple accounts on the Service, or to generate automated applications, searches, requests, or queries to (or to strip, scrape, or mine data from) the Service.

We reserve the right to immediately terminate your access to or use of the Service if we believe, in our sole discretion, that you exhibit such behavior or you violate or attempt to violate any laws or breach these Terms.

In order to access the Service, you must register for an account ("Account") by providing your email address and other information as prompted. You represent and warrant that: (a) all required information you submit is truthful and accurate and (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions provided through the Service.

You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You are strictly prohibited from allowing anyone other than yourself to use your Account. You agree to immediately notify Como of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. Como will not be liable for any loss or damage arising from your failure to comply with the above requirements.

Como reserves the right to accept, to deny acceptance, or to discontinue access for any user, in its sole discretion, without any explanation. Como is under no obligation to accept any particular application or maintain any user's access.

You, in your use of the Service, and Como, in its provision of the services, agree not to discriminate against any customer, user of the Service, employee, contractor or other person or individual on the basis of race, color, gender, pregnancy, marital status, familial status, sexual orientation, gender identity or expression, religion, ancestry, national origin, disability, or age.

As a user of the Service, you may be able to post gig listings and respond to gig listings posted on the Service ('Gigs'). You acknowledge and agree that Como has no control over the content of Gigs, the responses, or communications you receive from other users, the conditions imposed upon you by other users, or the behavior of other users during the application process or after an engagement has been accepted.

Como has no obligation to screen any Gigs, or include any Gigs, on the Service, and may remove Gigs in its sole discretion. Como cannot guarantee that Gigs posted on the Service will be relevant or useful to you, nor can we guarantee the accuracy or completeness of any Gig, or other information submitted by any user. Como assumes no responsibility, and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of any Gig, or other information submitted by any user.

If you choose to post Gigs on the Service, you agree that you will not post Gigs: without a reasonable and legitimate intent to engage for a bona fide opportunity; that intentionally misrepresents the opportunity, hiring entity, or individual posting; that require payments or recruitment of others or that resemble franchises, multi-level marketing, or are entirely commission-based; or that would be a violation of the law, including any law related to discrimination, in your jurisdiction.

By creating an Account, you are requesting and authorizing Como to make a profile for you ("Profile") and make your Profile available as permitted by the Service. You agree to keep your Profile accurate and up-to-date and understand that this is your sole responsibility. Como assumes no responsibility and disclaims all liability for your Profile or information that you share with Como, other users, or otherwise make public.

You acknowledge and understand that your Profile may be searchable on the Service. All personal information we collect on the Service is subject to our Privacy Policy. By using the Service, you consent to all actions taken by us with respect to your information in compliance with our Privacy Policy.

You may be able to respond and apply to gig listings posted on the Service. You are solely responsible for sending and monitoring your applications. Como assumes no responsibility and disclaims all liability for information that you share with other users in response to Gigs. Como makes no guarantees regarding your search or application experience, that your application will be reviewed, that any user will contact you, or that you will receive opportunities.

Similarly, if you are posting Gigs, Como makes no guarantees regarding your search for qualified talent, that you will find qualified talent through the Service, that any user will apply for your Gig, or that you will successfully engage talent. Como assumes no responsibility and disclaims all liability for any interactions you have with other users, including but not limited to disputes regarding payment, non-payment, or insufficient payment.

IN NO EVENT WILL COMO BE LIABLE FOR ANY DAMAGE TO PROPERTY, OR ANY DEATH OR BODILY INJURY, THAT YOU SUFFER, OR THAT YOU CAUSE TO ANY THIRD PARTY, IN CONNECTION WITH YOUR USE OF THE SERVICE OR ANY ACTIVITY YOU UNDERTAKE IN CONNECTION THEREWITH. AS BETWEEN YOU AND COMO, YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE SERVICE AND YOUR INTERACTIONS WITH OTHER USERS. COMO WILL HAVE NO LIABILITY FOR ANY UNAUTHORIZED DISCLOSURE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION CAUSED BY YOUR ACTIONS OR OMISSIONS.

"User Content" means any and all information and content that a user submits to, or uses with, the Service that is visible to other users on the Service (such as content provided in a user's Profile or postings). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. Each time you submit User Content through the Service, you represent and warrant that your User Content does not violate our Acceptable Use Policy (defined below).

You may not represent or imply to others that your User Content is in any way provided, sponsored, or endorsed by Como. Because you alone are responsible for your User Content, you may expose yourself to liability if your User Content violates the Acceptable Use Policy.

Como is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.

You retain all title and intellectual property rights, including copyrights, in and to your User Content. By using the Service, you grant Como an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing rights, for use in connection with the Service and Como's business interests, including for promoting the Service.

If you have reason to believe that content posted on the Service infringes your intellectual property rights, please contact us via the Contact Us form on our website.

This Section constitutes our "Acceptable Use Policy". You agree not to use the Service to collect, upload, transmit, display, or distribute any User Content that:

violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;

is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, pornographic, obscene, patently offensive or otherwise objectionable;

is harmful to minors in any way;

violates the privacy or publicity rights of any third party;

you know is not accurate and current;

promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual; or

violates or contributes to any violation of any law, regulation, or obligations, or restrictions imposed by any applicable third party.

We reserve the right (but have no obligation) to review any User Content and investigate and take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy, these Terms, our policies, create liability for us or any other person, or where we are permitted or required to do so by law. We reserve the right to remove, modify, or block your User Content, terminate your Account, or stop providing the Service to you, and report you to law enforcement authorities as permitted or required by law.

"Usage Data" means data in electronic form input or collected through the Service, including network statistics, device and application data, usage, performance, and related data. Usage Data does not include any names, addresses, financial information, login IDs, geographic location data, or social media identifiers. Nothing in these Terms will restrict Como from collecting, using, and analyzing Usage Data in an anonymized or aggregated manner for purposes of improving and enhancing the quality and nature of the Service, or to market or publish general information and statistics derived from Usage Data, provided that Como does not specifically identify you or disclose your personally identifiable information.

If you provide us with any feedback or suggestions regarding the Service ("Feedback"), you hereby assign to Como all rights in such Feedback and agree that Como shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Como will treat any Feedback as non-confidential and non-proprietary. You agree not to submit to Como any information or ideas that you consider to be confidential or proprietary.

Third-Party Links. The Service may contain links to third-party websites and services. Such links are not under our control, and Como is not responsible for any third-party links. We provide access to these links as a convenience to you, and do not review, approve, monitor, endorse, warrant, or make any representations with respect to them. You use all third-party links at your own risk.

Other Users. You understand and agree we are not responsible for User Content provided by other users. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. Your interactions with other users are solely between you and such users. You agree that we are not responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any user, we are under no obligation to become involved.

You agree to comply with applicable data privacy and security laws and governmental requirements relating to your use of the Service, including applicable Indian legislation (such as the Information Technology Act, 2000 and related rules) and international data protection standards. Without limiting the generality of the foregoing, if you use the Service in connection with your business, you agree to prominently post a complete and accurate privacy policy on your business websites and applications.

You may use information resulting from Gigs only in an aggregated and anonymized form to assess the performance of your use of the Service. You shall not sell such data, combine it with data obtained by or on behalf of another business, or transfer it to any data broker or monetization-related service.

You agree to indemnify and hold Como (and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents) harmless from any claim or demand made by any third party, and any related liability, damage, loss or expense, including costs and attorneys' fees, caused by or arising out of (a) your use of the Service; (b) your violation of these Terms; (c) your violation of applicable laws or regulations; (d) your User Content and Gigs; and (e) any dispute or issue between you and any third party, including another user of the Service. Como reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Como.

THE SERVICE IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS, AND COMO (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

If you have a dispute with any other user, you release us 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 such disputes.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMO (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50) OR THE EQUIVALENT IN LOCAL CURRENCY. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT INCREASE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Email, text messaging, push notifications and other electronic communication allow us to exchange information with you in connection with the Service. By using the Service, you agree and consent to the use of electronic communications as an acceptable form of communication regarding the Service. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. You acknowledge that electronic communications may not be a completely secure means of communication.

You may update your email address, phone number, or modify your preferences regarding communications by following the instructions provided through the Service. You can also contact us via the Contact Us form to unsubscribe from further communications. Unsubscribing may impact your ability to use the Service.

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH COMO AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF, INCLUDING A LIMITATION ON THE RIGHT TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION.

We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, you agree that any complaint, dispute, or disagreement you may have against us, and any claim that we may have against you, arising out of, relating to, or connected in any way with these Terms or the Service shall be resolved exclusively by final, confidential, and binding arbitration in accordance with the Arbitration and Conciliation Act, 1996 (India) and the rules thereunder.

The arbitration shall be conducted before a single arbitrator. The arbitration shall be held in India, at a location mutually agreed upon by the parties or, failing such agreement, at a location determined by the arbitrator that is reasonably convenient for you.

Governing Law. These Terms and your use of the Service are governed by the laws of India. The arbitrator shall apply the laws of India, regardless of any conflict of law principles.

No Class Relief. The arbitration can resolve only your or our individual claims. The arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated.

Written Award. The arbitrator shall issue a written award. Judgment upon the award may be entered by any court having jurisdiction thereof.

Opt-Out. You can opt out of this arbitration provision within 30 days of the date that you first agreed to these Terms. To opt out, you must send your name, residence address, email address, and a clear statement that you want to opt out of this Arbitration Agreement via the Contact Us form on our website.

In any circumstances where the foregoing permits the parties to litigate in court, the parties hereby agree to submit to the exclusive jurisdiction of the courts located in India for such purpose.

You can review the most current version of the Terms at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to the Service. It is your responsibility to check the Service periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.

These Terms constitute the entire agreement between you and us regarding your use of the Service. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word 'including' means 'including without limitation'. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will remain in effect, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. These Terms may not be assigned, delegated, or otherwise transferred by you without Como's prior written consent. Como may freely assign these Terms. The parties' relationship to each other under these Terms is strictly that of independent contractors.

All trademarks, logos, and service marks ("Marks") displayed on the Service are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

Questions about these Terms should be sent to us via the Contact Us form available in the footer of our website, or by email at support@como.app.