Welcome to Alpomi. These Terms of Service ("Terms") govern your use of our Business intelligence SaaS platform ("Service") provided by Alpomi ("Company," "we," "us," or "our"). By accessing or using our Service, you ("User," "you," or "your") agree to comply with and be bound by these Terms. If you do not agree to these Terms, you must not use the Service.
The following terms shall have the following meanings:
2.1. To use the Service, you must be at least 18 years old and have the legal capacity to enter into a binding agreement.
2.2. If you are using the Service on behalf of an organisation, you represent and warrant that you have the authority to bind that organisation to these Terms.
2.3. By using the Service, you represent and warrant that you meet these requirements.
3.1. To access certain features of the Service, you must register for an Account.
3.2. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
3.3. You are responsible for safeguarding your Account credentials and are fully responsible for all activities that occur under your Account.
3.4. You agree to notify us immediately of any unauthorised use of your Account or any other breach of security.
3.5. We reserve the right to refuse registration of, or cancel, Accounts that we deem inappropriate.
4.1. You agree to use the Service only for lawful purposes and in accordance with these Terms.a) Use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party's use of the Service.
4.2. You shall not:
b) Attempt to gain unauthorised access to any part of the Service, other accounts, computer systems, or networks connected to the Service.
c) Use any automated means, including robots, spiders, or data mining tools, to access the Service or collect any information from the Service.
d) Upload, post, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.
e) Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
f) Upload or transmit any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
g) Upload or transmit any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
h) Upload or transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
i) Upload or transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware or telecommunications equipment.
j) Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service.
k) Violate any applicable local, state, national, or international law.
l) Stalk or otherwise harass another person or entity.
m) Collect or store personal data about other users without their express permission.n) Reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of the Service, use of the Service, or access to the Service.
5.1. The Service is offered on a subscription basis. By selecting a subscription plan, you agree to pay the applicable subscription fees and any taxes.
5.2. Subscription fees will be billed at the start of your subscription and at regular intervals as described in your selected plan.
5.3. All fees are non-refundable except as required by law or as otherwise specified in these Terms.
5.4. You are responsible for all charges associated with your Account, including any applicable taxes.
5.5. We reserve the right to change our fees or billing methods at any time. We will provide you with notice of any price change at least 30 days before the change takes effect.
5.6. If your payment is not successful, your Subscription may be automatically disabled or terminated. You will remain responsible for all unpaid fees.
5.7. If you dispute any charges, you must notify us in writing within 30 days of the date of billing.
6.1. We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service in accordance with these Terms.
6.2. All rights, title, and interest in and to the Service, including all intellectual property rights, are and will remain the exclusive property of Alpomi and its licensors.
6.3. You shall not copy, modify, distribute, sell, or lease any part of the Service or included software, nor may you reverse engineer or attempt to extract the source code of that software unless laws prohibit those restrictions or you have our written permission.
6.4. The Alpomi name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Alpomi or its affiliates or licensors. You must not use such marks without our prior written permission.
6.5. You acknowledge that any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you relating to the Service are non-confidential and become our property.
7.1. You retain all rights to any Content you submit, post, or display on or through the Service.
7.2. By submitting, posting, or displaying Content on or through the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such Content in any and all media or distribution methods for the purpose of providing and improving the Service.
7.3. You represent and warrant that you have all rights, power, and authority necessary to grant the rights granted herein to any Content that you submit.
7.4. You agree that this license includes the right for Alpomi to make your Content available to other users of the Service, subject to our Privacy Policy and any privacy settings you may set for your Content.
7.5. You understand and agree that we may, but are not obligated to, review the Content and we may delete or remove (without notice) any Content in our sole discretion, for any reason or no reason.
8.1. Our collection and use of personal information in connection with your access to and use of the Service is described in our Privacy Policy.
8.2. You agree that we may use your data in accordance with our Privacy Policy and for the purposes of providing and improving the Service.
8.3. You are solely responsible for complying with all applicable data protection and privacy laws and regulations in relation to any data you upload, process, or analyse using the Service.
8.4. You warrant that you have obtained all necessary consents and permissions for the processing of any personal data through the Service.
9.1. In addition to the prohibitions outlined in Section 4, you specifically agree not to use the Service to:
a) Conduct any systematic or automated data collection activities on or in relation to our Service without our express written consent.
b) Use the Service in any way that causes, or may cause, damage to the Service or impairment of the availability or accessibility of the Service.
c) Use the Service for any purposes related to marketing without our express written consent.
d) Use the Service to facilitate illegal activities or to promote harmful or discriminatory activities.
e) Use the Service to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as outlined in these Terms.\f) Transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
g) Knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
10.1. We may terminate or suspend your Account and access to the Service immediately, without prior notice or liability, for any reason, including but not limited to if you breach these Terms.
10.2. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your Account, you may simply discontinue using the Service and contact us to request account deletion.
10.3. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
10.4. In the event of termination, you will not be entitled to any refund of any fees paid, unless required by applicable law.
11.1. To the maximum extent permitted by applicable law, in no event shall Alpomi, its affiliates, agents, directors, employees, suppliers, or licensors be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service.
11.2. To the maximum extent permitted by applicable law, Alpomi assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our Service; (iii) any unauthorised access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or (vii) User Content or the defamatory, offensive, or illegal conduct of any third party.
11.3. In no event shall Alpomi, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to Alpomi hereunder or $100.00, whichever is greater.
11.4. This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Alpomi has been advised of the possibility of such damage.
12.1. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. Use of the Service is at your own risk. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
12.2. Alpomi, its subsidiaries, affiliates, and licensors do not warrant that (a) the Service will function uninterrupted, secure, or available at any particular time or location; (b) any errors or defects will be corrected; (c) the Service is free of viruses or other harmful components, or (d) the results of using the Service will meet your requirements.
12.3. We do not guarantee the accuracy, completeness, or usefulness of any information on the Service and neither do we adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by other parties.
13.1. You agree to defend, indemnify, and hold harmless Alpomi and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of (a) your use and access of the Service, by you or any person using your Account and password; (b) a breach of these Terms; or (c) Content posted on the Service.
13.2. This defence and indemnification obligation will survive these Terms and your use of the Service.
14.1. These Terms shall be governed and construed in accordance with the laws of the United Kingdom, without regard to its conflict of law provisions.
14.2. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
14.3. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
15.1. Any disputes arising out of or related to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the London Court of International Arbitration.
15.2. The arbitration shall be conducted in English and shall take place in London, United Kingdom.
15.3. The arbitration decision shall be final and binding on both parties, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
15.4. Notwithstanding the foregoing, Alpomi retains the right to bring an action in any court of competent jurisdiction for injunctive or other equitable relief.
16.1. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
16.2. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorised to use the Service.
7.1. Entire Agreement: These Terms, along with our Privacy Policy, constitute the entire agreement between you and Alpomi regarding the use of the Service.
17.2. Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.
17.3. Assignment: These Terms are not assignable, transferable or sub-licensable by you except with Alpomi's prior written consent. Alpomi may transfer, assign or delegate these Terms and its rights and obligations without consent.
17.4. No Agency: No agency, partnership, joint venture, or employment is created as a result of these Terms, and you do not have any authority of any kind to bind Alpomi in any respect whatsoever.
17.5. Notices: Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Alpomi: (i) via email (in each case to the address that you provide); or (ii) by posting to the Service. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
17.6. No Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorised representative of Alpomi.
17.7. Headings: The section titles in these Terms are for convenience only and have no legal or contractual effect.
If you have any questions about these Terms, please contact us at:
Alpomi Ltd.
Address: 3 Centenary Sq, Birmingham B1 2DR
Email: support@alpomi.com
By using the Service, you acknowledge that you have read and understood these Terms and agree to be bound by them.
Last updated: 06/08/2024
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