Terms & Conditions

Alpas Terms of Use

Valid from: April 1st 2019

foolsparadise UG (haftungsbeschränkt) ("Alpas", "we", "us") offers a variety of tools online for Team productivity, collaboration and organization, including a mobile application (total "service") as well as websites, e.g. alpas.io, app.alpas.io (the „Websites“).

Address: foolsparadise UG (haftungsbeschränkt), 74360 Ilsfeld, Baden-Württemberg, Germany. For questions about these Terms of Use (the "Terms") you send us an email to terms-questions@alpas.io.

Alpas distinguishes three different types of users depending on the Alpas products used:

  • We call the users of the websites "website visitors".

  • Users who use a free version of the Alpas Service are "free users". Free users can access that service and use it, but their access to service properties and functions is more limited to subscribers.

  • Users who use the Service as part of a paid subscription to Alpas are referred to as "Subscribers". The The service features and functions available to subscribers are determined by the type of service Subscriptions and the specific conditions, according to an agreement between Alpas and the organization (e.g. your employer or any other legal or natural person, called "customer") separately. closed Agreement regulating the provision, access to and use of the Service (the "Customer Agreement").

For the purposes of these Terms, we refer to these three types of users collectively as "Users" or "You". Whatever type of user you are, these Terms constitute a legally binding agreement between you and Alpas and govern your use of the Service and the Websites. By accessing or using the Service and the Websites, you acknowledge that you have read, understood and accepted these Terms and our privacy policy. Please refrain from accessing or using the Service and the Websites if you do not agree to these terms.

We may change these terms and conditions at our sole discretion. Please check this page regularly for updates. We will notify you of any changes to these terms and conditions in accordance with applicable legal obligations. Your continued use of the Service and the Websites after any such update will constitute your acceptance of such changes.

1. ENTITLEMENT AND SCOPE OF APPLICATION

1.1 General. You must be at least 18 years of age to use the Service and the Websites and be able to accept these Terms. If Alpas has in the past denied you access to the Service and the Websites, you will not be permitted to access or use the Service and the Websites.

1.2 Territorial scope. These terms apply to users outside the United States. If you are in the United States, you are subject to the terms and conditions set forth in !{meta.base}!/terms.

2. REGISTRATION AND USE

2.1 Registration and confidentiality. To access the Service and the Websites, you must register for an Alpas account by creating a username and password. You agree to provide accurate, complete and current registration information about yourself. You are responsible for ensuring that your password remains confidential and secure. By registering, you confirm that you are fully responsible for all activities that occur with your username and password. We may assume that all communications we receive through your account are from you. If you are responsible for processing invoices or are an administrator, or if you have confirmed in writing that you are authorized to make decisions on behalf of a customer ("Account Administrator"), you represent that you are authorized to make decisions on behalf of the customer and confirm that Alpas can rely on your instructions.

2.2 Unbefugte Kontonutzung. You are responsible for notifying us at terms-questions@alpas.io if you become aware of any unauthorized use of or access to your account. You understand and agree that we may require information from you that can be used to identify you and to help maintain the security of your account. Alpas will not be liable for any loss, damage, liability, expense or legal fees you may incur as a result of someone else using your password or account with or without your knowledge and/or permission, whether or not you have notified us of such unauthorized use. You will be liable for losses, damages, liabilities, expenses and attorneys' fees incurred by Alpas or any third party as a result of another person using your account. In the event that the account administrator or customer loses access to an account or otherwise requests information about an account, Alpas reserves the right to request any confirmation it deems necessary from the account administrator or customer before restoring access to or providing information about that account in Alpas' sole discretion.

3. OUR INDUSTRIAL PROPERTY RIGHTS

The Service and the Websites are owned, operated and operated by Alpas and contain materials (including all software, designs, text, editorial materials, information texts, photographs, illustrations, audio clips, video clips, works of art and other graphic materials, and names, logos, trademarks and service marks) derived in whole or in part from materials provided by Alpas and its affiliates and from other sources and protected by United States copyright laws, international treaty provisions, trademarks, service marks and other proprietary rights. The Service and the Websites are also protected as a cooperative or collective work under U.S. and global copyright laws and other laws and international treaties. You agree to comply with all applicable copyright laws and other legal requirements and any additional copyright notices or restrictions on the Service and the Websites. You acknowledge that the Service and the Websites have been developed, compiled, prepared, revised, selected and arranged by Alpas and others through the application of methods and judgment standards, the development and application of which has required significant efforts of time, effort and money, and which constitute valuable intellectual property of Alpas and others. You agree to notify Alpas immediately upon becoming aware of an allegation that the Service and the Websites infringe copyright, trademark, or other contractual or legal rights. Any unauthorized use of any material contained on or through the Service and the Websites may violate copyright laws, trademark laws, the laws of privacy, publicity and communications.

4. USER CONTENT AND FEEDBACK

4.1 Nutzerinhalte und Eingaben zum Service. The Service allows you to create tasks and enter related information, text, files and other materials (collectively, the "User Content") and share that User Content with others. User Content entered or otherwise made available to the Service is subject to the following terms and conditions:

4.1.1 Contents of free users. Free Users retain ownership of the User Content that they enter into the Service ("Free User Content"). By entering Content from Free Users, the Free Users grant Alpas a license to access, use, copy, reproduce, process, adapt, publish, transmit and display such Content from Free Users as permitted in the Privacy Statement of Alpas, including where required by law or in good faith to comply with legal process. We reserve the right to remove from the Service any Content of Free Users that violates these Terms or is otherwise objectionable at the sole discretion of Alpas.

4.1.2 Subscriber Content in the Service. Content entered into the Service by Subscribers ("Subscriber Content") is owned and controlled by the Customer pursuant to the introduction to these Terms and the Customer Agreement, except with respect to Subscriber Content entered by Students pursuant to a Customer Agreement with an Educational Institution ("Student Content"). Such Student Content is the property of the student and not the educational institution. Alpas has a limited, non-exclusive and non-transferable (except in connection with the sale or transfer of its business) license to access, use, copy, reproduce, process, adapt, publish, transmit, host and display Subscriber Content for the following limited purposes: (i) maintaining, providing and improving the Service; (ii) preventing and resolving technical or security problems and resolving support requests; (iii) conducting investigations if we believe in good faith or have received a complaint that Subscriber Content violates the Customer Agreement or these Terms; (iv) comply with any valid subpoenas, requests or other lawful process that meets the requirements of the Customer Agreement and our enforcement policies; and (v) to the extent otherwise set forth in our Customer Agreement or expressly authorized in writing by the Customer.

4.2 Feedback on the websites. The Websites may have certain features that allow you to send comments, information and other materials (collectively, "Feedback") to Alpas and share that Feedback with other users or the public. By submitting feedback through the Websites, you grant Alpas a license to access, use, copy, reproduce, process, adapt, publish, transmit, host and display such feedback for any purpose (including in testimonials or other Alpas marketing materials and to the extent required by law or in the good faith belief that such is necessary to comply with legal process). We reserve the right to remove feedback posted in public forums at our sole discretion for any reason.

4.3 Nutzerinhalte und Feedback-Erklärungen. You acknowledge and agree that you have all necessary rights to enter User Content and Feedback without infringing the rights of any third party. You understand that Alpas has no control and is not responsible for any User Content or Feedback and that when you use the Service and/or the Websites, you may be exposed to User Content or Feedback from other users that is offensive, indecent, inaccurate, misleading or otherwise objectionable. Please also note that User Content and Feedback may contain typographical errors, other unintended errors or inaccuracies. You acknowledge that you will indemnify and hold Alpas harmless from any and all claims arising out of any User Content or feedback you submit through the Service and/or the Websites. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes. In any event, you will cooperate with us in the enforcement of all available defenses.

5. LICENSE AND PERMITTED USE

5.1 Your license. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable and revocable license to access the Service and the Websites only for your own internal use (or for subscribers to applications authorized by the customer) and only in a manner that complies with all legal requirements applicable to you or your use of the Service and the Websites, including the Alpas Privacy Policy and these Terms. Alpas may revoke this license at any time in its sole discretion.

5.2 Permitted use. All users must comply with the following rules for permitted use of the Service and the Websites.

Service interruption. You are prohibited from doing the following:

  • Access, manipulation or use of non-public areas of the Service and the Websites, Alpas' computer systems or the technical support systems of Alpas' suppliers;

  • Checking, querying, or testing the vulnerabilities of a system or network, or violating or circumventing security or authentication measures;

  • Accessing or browsing the Service and the Websites by means other than Alpas' publicly supported interfaces (e.g. "Scraping");

  • attempted disruption or overloading of our infrastructure by intentionally inappropriate requests or loads of our resources (e.g., by using "bots" or other automated systems to send requests to our servers that go beyond what a human user could send in the same time period); or

  • Interrupt or disrupt access by users, hosts or networks, including without limitation by sending viruses, overloading, flooding, spamming, mail bombing of the Service and the Websites or by scripting the creation of User Content in a manner that interferes with the Service and the Websites or imposes an unreasonable burden on the Service and the Websites.

Misuse of the Service and the Websites. You may not use the Service and the Websites to perform, promote, or endorse the following:

  • illegal or fraudulent activities;

  • Imitation of another natural or legal person or misrepresentation of belonging to a natural or legal person in a way that misleads, confuses or deceives others or intends to do so;

  • Activities that are defamatory, libellous, threatening, hate speech, harassing or stalking;

  • Publication or posting of private or personal data of other persons without their express permission and consent;

  • send unsolicited messages, solicitations, advertisements, or spam; post or link to harmful content designed to damage or interfere with another user's browser or computer; or

  • Promote or advertise products or services other than your own without permission;

Standards for user content within the Service and the Websites. You may not post any User Content on the Service. or the websites that post:

  • against applicable law, the intellectual property rights of third parties, against publicity rights or the right to privacy or offend the public;

  • < p> misleading, fraudulent, unlawful, obscene, pornographic (including child pornography that we Remove, when we become aware of it and report it to law enforcement, including the National Center for Missing and Exploited Children)), defamatory, slanderously or threatening, hate speech, harassment or stalking;

  • receive personal information about minors;

  • sensitive personal information such as financial information, payment card numbers, Social security numbers or health information without the prior written consent of Alpas within the scope of the one customer contract has been issued;

  • contain viruses, bots, worms, or similar harmful materials; or

  • contain information that you have provided by operation of law or under contractual or fiduciary obligations not to

    may make available.

breaches of this Section 5. In addition to any other remedies we may have at our disposal, we may Alpas reserves the right to seek all remedies deemed necessary by Alpas, including the immediate suspension or termination of your account or your access to the Service or any of the Services. Websites by notifying Ansana accordingly and disclaiming Ansana's liability if you breach the rules set forth in this Section 5 or if, in the sole discretion of Alpas, such action is necessary in order to one prevent interruption of the Service or the Websites to other users. If you are a subscriber, reserves the right to alpacas the Customer's account administrator(s) or other representative(s) of the Customer of any violations of the provisions of this Agreement. to inform you of these terms.

6. DATA PROTECTION

For information about how we collect, use and share the information we collect from and about you, please see ours Privacy Statement, which is part of these Terms of Use by reference. conditions is.

7. LIMITATION OF LIABILITY

If we fail to comply with these conditions, we will be responsible for any loss or damage incurred by you, or your use of or reliance on any of the information contained in this website. Damage, which are a foreseeable consequence of our violation of these terms and conditions or our negligence; we are not liable for on the contrary is not responsible for any loss or damage that is not foreseeable. Losses or damages are predictable, if they are an obvious consequence of our infringement or if they concern an accepted order trafficked ...has. We also make the Service and the Websites available for your internal use only. We are liable not for loss of profit, loss of business, interruption of business or loss of profit, loss of business Business opportunities, based on your use of or reliance on the Service and the Websites. Our liability to you will in no way excluded or limited if this would be unlawful. This also includes liability for death or personal injury caused by our negligence or that of our employees, agents or sub-contractors, for fraud or fraudulent misrepresentation and for violating your legal rights with respect to the service and the websites.

The information provided on or through the Service and the Websites is provided solely as a convenience to you and should not be construed as a substitute for the information provided. provided for information purposes. We do not confirm the accuracy, completeness or usefulness of the information. of this information. You rely solely at your own risk on such information.

8. VIREN

We cannot guarantee that downloads from the Internet or our service or the websites of available files are free of viruses or other destructive codes. You are responsible for ensuring that sufficient proceedings and set up checkpoints that meet your specific anti-virus and anti-spyware requirements and the accuracy of the data input and output, and a means outside the service and the Web sites to recover of lost data.

9. EXTERNAL LINKS AND SERVICES

The Service and the Websites may contain (1) information and content made available by third parties; (2) links to third party websites or resources, such as sellers of goods and services; and (3) products and services; and services of third parties for direct sale to you. Alpas is not responsible for the availability of such external websites or resources. Alpas is not responsible or liable for (i) on or from such websites or resources. any content, advertising, products, or other materials available on or through any website or resource; (ii) errors or omissions; or omissions on these websites or resources, or (iii) practices in dealing with information or others business practices the operators of these websites or resources. You further acknowledge and agree that Alpas does not endorse or make any representations about is indirectly responsible or liable for any damages or losses actually or allegedly caused or alleged to be caused by or in connection with connection with use or reliance on linked websites or resources. Your Interactions with such third parties are subject to their terms and conditions and privacy policies and all other applicable laws. similar provisions.

10. CHANGE

Alpas reserves the right to change the Service and the Websites (or parts thereof) at any time with or without notice. Advance notice, temporarily or permanently. You confirm that Alpas is not liable to you or any third party for not is liable for any changes, suspensions or interruptions of the Service and the Websites.

11 APPLICABLE RIGHT

Please note that these Terms and Conditions, as well as their subject matter and their coming into existence, are governed by Irish law. If However, if you are a consumer and resident in another European country, you and if you are a consumer and are located in an Asia Pacific or UAE country, you may be exempted from all mandatory and legal rights available to you under the laws of the country in question. stand. These terms and conditions do not affect your rights as a consumer to rely on mandatory provisions of the local legal system.

In case of complaints or disputes regarding the service with Alpas you can contact us at dispute-notice@alpas.io Contact us. You and Alpas will use all reasonable endeavours to resolve any disputes, claims, questions, concerns or or to settle disagreements in good faith directly through consultation and negotiation; this is a A condition for a party to be able to bring an action or any other form of appeal. If we not reach an amicable settlement in the informal settlement of disputes within 30 days, all parties will be required to any disagreement, dispute, claim, cause of action, demand or cause of action between you and us Alpas arising out of, under or in connection with the Services are the exclusive responsibility of in the Irish courts. However, if you live in another European, Asia-Pacific or UAE country, you may be required to you can also file a suit in this country.

12. GENERAL CONDITIONS

12.1. no waiver. If we do not insist that you meet any obligations under these terms and conditions, or if we do not enforce our rights against you or delay doing so, this does not mean that we are relying on those rights. and that you do not have to meet your obligations. If we are looking to pursue a failure to perform or breach by you, we will do so only in writing; this does not mean that we will automatically waive the pursuit of future non-compliances or injuries by you.

12.2 Partial invalidity. The individual provisions of these conditions are separable. If a court of law or a competent authority decides that any of the provisions is unlawful or unenforceable, the remaining provisions shall apply. provisions in their entirety.

12.3 Miscellaneous. The titles of the sections of these Terms and Conditions are provided for convenience only and are not to be construed as a substitute for the original text. have no legal or contractual effect.

12.4 Communications. We may send you communications by e-mail by posting a message on the service and the Websites or by any other method chosen by us; the notices shall be accompanied by the following dispatch effective. Your communications to us will be effective upon receipt and must be sent to the following physical or electronic address email address will be sent to you: (1) foolsparadise UG (haftungsbeschränkt), 74360 Ilsfeld, Baden-Württemberg, Germany; or (2) terms-questions@alpas.io.

13. QUESTIONS

If you have any questions about these conditions, please send us an email to terms-questions@alpas.io.

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