Last Update: August 31st, 2022


TERMS OF USE

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and Altogic Inc. ("Company", "we", "us", or "our"), concerning your access to and use of the https://www.altogic.com website as well as any other media form, web application, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Site"). You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. The materials contained in this website are protected by applicable copyright and trademark law.

Accepting these Terms creates an important legal agreement between you and Altogic with legal consequences. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING OR ACCESSING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.


1. SITE OWNER#

  1. The Site is owned by Altogic, Inc., a private company established at 1401 Pennsylvania Ave, Unit 105, Wilmington, 19806, County of New Castle, Delaware, USA.

    Company contact data is as follows;

    E-mail: [email protected]

    You may also contact Altogic through the "Provide Feedback" page in Altogic designer application.

  2. As owner of the Site, we reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice and otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

2. SPECIAL NOTICE FOR INTERNATIONAL USE AND EXPORT CONTROLS#

  1. As stated above, Altogic is founded in and performs its business in and according to the laws of the State of Delaware, USA. Accordingly, recognizing the global nature of the Internet, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable to their use of the Site and Altogic services, including as it concerns online conduct and acceptable content.

  2. Any software made available in connection with the products and services provided by Altogic to members and the transmission of applicable data, if any, is subject to United States export controls. No software may be downloaded from the Site or otherwise exported or re-exported in violation of U.S. export laws.

3. SITE REGISTRATION#

  1. You may not use the Site and may not accept the Terms if (a) you are not of legal age or otherwise not legally competent to form a binding contract with Altogic, or (b) you are a person barred from using the Site under the applicable laws of the United States of America or other countries including the country in which you are resident or from which you use the Site. Specifically, the Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site. And by registering you represent and warrant that you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist supporting" country and you are not listed on any U.S. government list of prohibited or restricted parties.

  2. If you are using the Site on behalf of an entity, you represent and warrant that you have authority to bind that entity to the Terms and by accepting the Terms, you are doing so on behalf of that entity (and all references to "you" in the Terms refer to that entity).

  3. In order to access the services provided in the Site you are required to provide certain information (such as username, email, etc.) as part of the registration process for the Site. Any registration information you give to Altogic shall always be accurate and up to date and you shall be responsible for informing us promptly of any updates thereof.

  4. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

  5. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

  6. Hereinafter, any person who is registered to the Site shall be referred to as "Member". Any person who visits the Site without registration shall be referred to as "User".

  7. Altogic provides a backend application ("app") development and execution platform to its Members. Therefore, Members of the Altogic Site are developers or designers who intend to use the Altogic services to develop backend applications.

  8. Developer/designer credentials (such as passwords, keys, and Member IDs or usernames) are intended to be used by you and identify you. You will keep your credentials confidential and make reasonable efforts to prevent and discourage other Members from using your credentials. Developer (or designer) credentials may not be embedded in open-source projects.

  9. As a result of your Site registration, we may send you certain communications in connection with your use of the Site.

4. SITE PRIVACY AND COOKIES POLICY#

  1. We care about data privacy and security. The use of this Site and any of its forms, and registered services, requires the acceptance of the processing of User (or Member) data, with Altogic being the data controller, for purposes that include: the provision of the Site and the service to Members, the collection of access data of Members, and the delivery of commercial communications by electronic means in certain cases to Members. For more information, and data protection rights of Members, please review our Site privacy policy at https://www.altogic.com/privacy.

  2. This Site uses first and third-party cookies for several purposes including user analytics. Please read carefully our Site cookies policy also contained at https://www.altogic.com/privacy to find out how cookies are used, configured, and rejected.

  3. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised that unless otherwise stated, the Site and all its contents (including any content generated by Member applications) is hosted in servers located primarily in the United States of America. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States of America, then through your continued use of the Site, you are transferring your data to the United States of America, and you agree to have your data transferred to and processed in the United States of America. Please be advised that Altogic may also store data in reputable third-party data centers in different locations around the world, and this provision shall apply equally if your data is stored in such data centers.

  4. As part of the functionality of the Site, instead of registering as a Member, you may link your account with online accounts you have with third-party service providers (each such account, a "Third-Party Account") by logging in to the Site using your Third-Party Account login information under the applicable terms and conditions that govern your use of each Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information (such as profile photograph, friends list, contact information etc. depending on the nature of the Third-Party Account) that you post to your Third-Party Accounts may be available on and through your account on the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information above or through your account settings. We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.

5. DATA PROCESSING AGREEMENT#

  1. As Altogic is in the process of providing a backend app development and execution platform to its Members as per these Terms of Use, any organization or person processing personal data using the backend platform provided on the Altogic Site shall be liable as data controller to comply with Data Protection Laws and Regulations.

  2. The processing of such data by Altogic as data processor, (to the extent required by data protection laws applicable to the parties' processing of personal data under these Terms) is governed by our Data Processing Agreement which is available for review at https://altogic.com/dpa. Data Processing Agreement is expressly incorporated herein to these Terms of Use by reference.

  3. Any person who uses the app developed by Members using Altogic Site shall be referred to as end-users

6. INTELLECTUAL PROPERTY RIGHTS#

  1. Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions.

  2. The Content and the Marks are provided on the Site "AS IS" for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

7. CONFIDENTIALITY#

  1. Our communications to you and our Site may contain Altogic confidential information. Altogic confidential information includes any materials, communications, and information that are marked confidential or that would normally be considered confidential under the circumstances. If you receive any such information, then you will not disclose it to any third party without Altogic's prior written consent.

  2. Altogic confidential information does not include information that you independently developed, that was rightfully given to you by a third party without confidentiality obligation, or that becomes public through no fault of your own. You may disclose Altogic confidential information only when compelled to do so by law if you provide us reasonable prior notice, unless a court of applicable jurisdiction orders that we not receive notice.

8. USE LICENSE ISSUED TO MEMBER BY ALTOGIC#

  1. Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

  2. This is the grant of a license, not a transfer of title, and under this license you may not:

    1. modify or copy the materials;

    2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

    3. attempt to decompile or reverse engineer any software contained on Altogic's Site;

    4. remove any copyright or other proprietary notations from the materials; or

    5. transfer the materials to another person or "mirror" the materials on any other server.

  3. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Altogic at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

  4. We may include software for use in connection with our services. If such software is accompanied by an end user license agreement ("EULA"), the terms of the EULA will govern your use of the software. If such software is not accompanied by a EULA, then we grant to you a non-exclusive, revocable, personal, and non-transferable license to use such software solely in connection with our services and in accordance with these Terms of Use. Any Software and any related documentation are provided "AS IS" without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You accept any and all risk arising out of use or performance of any Software. You may not reproduce or redistribute any software except in accordance with the EULA or these Terms of Use.

  5. Some of the software required by or included in our services may be offered under an open-source license. Open-source software licenses constitute separate written agreements. For certain services contained in Altogic, open-source software is listed in the documentation. To the limited extent the open-source software license expressly supersedes these Terms of Use, the open-source license instead sets forth your agreement with Altogic for the applicable open-source software.

  6. Any service, license or product provided to Members by Altogic are non-exclusive. You acknowledge that Altogic may at any time develop products or services that may compete with the Members or any other products or services.

9. MEMBER GENERATED CONTRIBUTIONS#

  1. The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to sample applications, text, writings, video, audio, photographs, graphics, comments, suggestions, reviews or personal information or other material (collectively, "Contributions") through various channels including primarily but not limited to the Altogic Community (https://community.altogic.com/home) or Altogic Discord channel (https://discord.com/invite/ERK2ssumh8). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary.

  2. Contributions made by Members to the Site Marketplace shall be subject to a separate agreement.

  3. If you provide feedback or suggestions about our Site or any services, then we (and those we allow) may use such information without obligation to you.

  4. We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with these Terms of Use and any Prohibitions thereof. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews. Although we have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate; we may accept, reject, or remove reviews in our sole discretion.

  5. When you create or make available any Contributions, you thereby represent and warrant that:

    1. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other Users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.

    2. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

    3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.

    4. Your Contributions do not violate the privacy or publicity rights of any third party.

    5. Your Contributions do not violate any applicable law, regulation, or rule.

    6. Your Contributions are not false, inaccurate, or misleading.

10. ACCEPTABLE USE AND CONDUCT POLICY#

  1. Moreover, you hereby expressly agree and warrant that any Contribution shall not violate the rights of any third-party individuals and in particular shall not violate the following terms and principles ("Prohibitions").

  2. With regard to Contributions, you hereby warrant that you shall comply with the following Prohibitions;

    1. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, junk mail, mass mailings, contests, sweepstakes or any other forms of solicitation.

    2. Your Contributions are not obscene, lewd, lascivious, pornographic, filthy, violent, harassing, tortious, bullying, libelous, slanderous, defamatory, or otherwise objectionable (as determined by us).

    3. Your Contributions do not ridicule, mock, disparage, intimidate, bully or abuse anyone.

    4. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people and poses or creates no privacy or security risk to any person;

    5. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.

    6. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.

    7. Your Contributions do not include any offensive, hateful or discriminatory comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

    8. You will not access the Site through automated or non-human means or use machine-generated user identities, whether through a bot, script or otherwise.

    9. You will not use the Site for any illegal or unauthorized purpose; and

    10. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

    11. You will not decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.

    12. Except as may be the result of standard search engine or Internet browser usage; you will not use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or otherwise use or launch any unauthorized script or other software.

    13. You will not disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.

  3. You hereby also agree as part of the Prohibitions, to not use the Site to create an application or upload and/or transmit (or attempt to upload or to transmit) any content that;

    1. you do not have a right to upload under any law or under contractual or fiduciary relationships;

    2. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

    3. in the sole judgment of Altogic, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Altogic or its Users to any harm or liability of any type; or

    4. interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; or

    5. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; or

    6. harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; or

    7. advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized; or

    8. further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or

    9. obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Site.

    10. attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.

    11. viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.

    12. any material that acts as a passive or active information collection or transmission mechanism.

  4. Unless otherwise specified in writing by Altogic, Altogic does not intend use of the Site to create obligations under the Health Insurance Portability and Accountability Act, as amended ("HIPAA"), and makes no representations that the Site or services thereof satisfy HIPAA requirements. If you are (or become) a "covered entity" or "business associate" as defined in HIPAA, you will not use the Site for any purpose or in any manner involving transmitting protected health information to Altogic unless you have received prior written consent to such use from Altogic.

  5. Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.

  6. Altogic reserves the right to investigate and take appropriate legal action against anyone who, Altogic's sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account and application(s) of such violators and reporting you to the law enforcement authorities.

11. CONTRIBUTION LICENSE ISSUED TO ALTOGIC BY MEMBER#

  1. By posting your Contributions to any part of the Site or making Contributions accessible to the Site or the Altogic Community (https://community.altogic.com/home) or Altogic Discord channel (https://discord.com/invite/ERK2ssumh8), you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

  2. This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that no moral rights have otherwise been asserted in your Contributions.

  3. We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

  4. We have the right, in our sole and absolute discretion;

    1. to edit, redact, or otherwise change any Contributions;

    2. to re-categorize any Contributions to place them in more appropriate locations on the Site; and

    3. to pre-screen or delete any Contributions at any time and for any reason, without notice.

  5. We have no obligation to monitor your Contributions.

12. FEES AND PAYMENT#

  1. You may be required to purchase a membership or pay a fee to access some of our services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you through an online billing account for purchases made via the Site. Sales tax will be added to the price of purchases as deemed required by us. All payments shall be in U.S. dollars.

  2. You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation.

  3. Altogic may use third-party service providers to collect payment from you (such as Paypal, Stripe, etc.) to collect payment from you. Use of such third-party payment platforms is subject to separate terms and conditions and shall necessitate your acceptance of their data privacy policies. Altogic is not responsible for the actions of such third-party service providers.

  4. We reserve the right to change prices of our products and our services at any time. We also reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Site.

  5. Altogic, at its sole discretion, may offer a limited time free trial to new Members who register with the Site or existing members of the Site for use of new or existing services which is usually subject to a fee. In such cases, the Member's account will not be charged and the subscription will be suspended until upgraded to a paid version at the end of the free trial period.

  6. All purchases made from Altogic are non-refundable. You can cancel your subscription to any paid service at any time by logging into your account. Your cancellation will take effect immediately at the time of cancellation.

13. DISCLAIMER#

  1. Altogic does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Site or otherwise relating to such materials or on any sites linked to this site.

  2. Although we perform regular routine backups of data, you as Member or User are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

  3. The materials appearing on Altogic's Site could include technical, typographical, or photographic errors including descriptions, pricing, availability, and various other information. Altogic does not warrant that any of the materials on its Site are accurate, complete or current. Although Altogic may make changes to the materials contained on its Site at any time without notice; Altogic does not make any commitment to update said materials however we reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

  4. Altogic has not reviewed all of the sites linked to its Site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Altogic of the third-party site. Use of any such linked Site is at the user's own risk. We also allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements. We simply provide the space to place such advertisements, and we have no other relationship with such advertisers. If you decide to leave the Site and access third-party websites or to use or install any third-party content, you do so at your own risk, and you should be aware that these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. We take no responsibility whatsoever in relation to any purchases you make through third-party websites and such purchases are exclusively between you and the applicable third party.

  5. Users and Members of Altogic may make Contributions to the Site from time to time, Altogic has no obligation to monitor such Contributions and does not provide any warranty with regard to your use of such Contributions. Responsibility for Contributions belongs solely to the relevant contributor you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding the use of such Contributions.

  6. We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

  7. TO SUMMARIZE, ALTOGIC SITE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES. USE OF THE ALTOGIC IS AT YOUR OWN RISK. ALTOGIC MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALTOGIC AND ITS SUPPLIERS AND RESELLERS HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS, WITH REGARD TO THE ALTOGIC SITE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES USERS SPECIFIC LEGAL RIGHTS. USERS MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.

  8. ALTOGIC (AND ITS AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DOES NOT WARRANT THAT THE ALTOGIC SITE IS ACCURATE, RELIABLE, OR CORRECT; THAT THE ALTOGIC SITE WILL MEET USER'S REQUIREMENTS; THAT THE ALTOGIC SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE ALTOGIC SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ALTOGIC SITE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

  9. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

14. LIMITATION OF LIABILITY AND INDEMNIFICATION#

  1. HOWEVER, TO THE EXTENT PERMITTED BY LAW, WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  2. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.

  3. IN ALL CASES, ALTOGIC AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY EXPENSE, LOSS, OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

  4. Unless prohibited by applicable law, if you are a business, you will defend and indemnify Altogic and its affiliates, directors, officers, employees, and users, against all liabilities, damages, losses, costs, fees (including legal fees), and expenses relating to any allegation or third-party legal proceeding to the extent arising from:

    1. your misuse or your end user's misuse of the Site;

    2. your violation or your end user's violation of the Terms of Use; or

    3. any content or data routed into or used with the services provided on the Site by you, those acting on your behalf, or your end users.

15. MODIFICATIONS TO TERMS OF USE#

  1. Altogic may revise these Terms of Use for its Site at any time without notice. By using this Site, you are agreeing to be bound by the then current version of these terms of service.

  2. Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason.

  3. We will alert you about any changes by updating the "Last updated" date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

16. GOVERNING LAW AND SETTLEMENT OF DISPUTES#

  1. These terms and conditions are governed by and construed in accordance with the laws of the State of Delaware, USA and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location, without prejudice to the right of consumers to submit to the court of their domicile (if applicable).

17. TERMINATION#

  1. These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

  2. In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, Altogic has adopted a policy of terminating, in appropriate circumstances and at Altogic's sole discretion, users who are deemed to be repeat infringers of copyright. Altogic may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

18. GENERAL PROVISIONS#

  1. This Terms of Use was contracted in the English language. If Altogic provides a translation of the Terms of Use, it does so for your convenience only and the English Terms of Use shall solely govern the relationship between Altogic and Members and Users.

  2. The Terms of Use do not create any third-party beneficiary rights or any agency, partnership, or joint venture between Altogic and its Members or Users.

  3. Nothing in the Terms of Use will limit either party's ability to seek injunctive relief.

  4. If you do not comply with the Terms of Use and Altogic does not take action right away, this does not mean that Altogic is giving up any rights that it may have (such as taking action in the future).

  5. If it turns out that a particular provision contained in this Terms of Use or any annexes thereof is determined to be unlawful, void, or otherwise unenforceable, such provision or part of the provision is deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

  6. These Terms of Use operate to the fullest extent permissible by law and represent the entire agreement between you and Altogic relating to its subject and supersede any prior or contemporaneous agreements on the subject matter.

  7. Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and/or through notification on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

  8. We, as Altogic may assign any or all of our rights and obligations to others at any time.

  9. You agree that these Terms of Use will not be construed against us by virtue of having drafted them.

  10. The Site was developed solely at private expense and is commercial computer software and related documentation within the meaning of the applicable U.S. Federal Acquisition Regulation and agency supplements thereto.