By creating an account to use the Aligni service (“Service”) offered by Aligni Incorporated (“We”, “Us”), you agree to accept the following Terms and Conditions in their entirety. You hereby declare that you have reached the age of 14 and are legally entitled to enter into the present contract in your country of origin.
We reserve the right to update and change the Terms of Service at any time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: Terms of Service
1.1 The Service is available in three (3) different forms (“Service Plans”). Each offers a range of services and corresponding monthly fee and per-user fee as displayed on the Signup Page.
1.2 You acquire the right to use the Service and bind to this contract by signing up through the Signup Page. You must provide valid information for the following: your name, your company name, your address, your email address, a valid credit card number and accompanying authentication information, a username, and a personal password. Aligni Incorporated reserves the right to verify any information provided.
1.3 You are solely accountable to Aligni Incorporated for your account and for any actions carried out using your account. In this regard, you agree to indemnify and hold harmless Aligni Incorporated from any and all claims, demands or damages that might result from any actions carried out using your account. It is therefore your responsibility to keep your username and password secret at all times and to not divulge details thereof to any third party. You can, however, set up additional users for your account. In the event that you should set up additional users for your account, you will be liable for any and all actions carried out by these additional users to the same extent as for your personal user. You agree to notify Aligni Incorporated immediately of any improper or inadmissible use of your account or should you have reason to assume or believe that your password is no longer secret. In such cases, Aligni Incorporated reserves the right to temporarily deny access to your account until the matter has been resolved. Aligni Incorporated also reserves the right to request a password change and temporarily deny access to an account should it determine that there are reasonable grounds to assume said account might be being used by an unauthorized person or persons.
1.4 You can change to a different Service Plan at any time using the relevant function in the Service. A downgrade of your Service Plan may result in the loss of data, functionality, and/or storage capacity.
1.5 Aligni Incorporated reserves the right to discontinue the Service in its entirety. Notification of discontinuation will be published in a timely manner on the Website. In the event of discontinuation, you will be responsible for retrieving your data from the Service using the relevant functions provided in the Service.
1.6 Accounts may only be registered and maintained by natural or juridical persons. The registration of accounts using “bots” or other automated methods is strictly prohibited, and any accounts registered in this manner will be promptly deleted without notice.
2. Price and Payment
2.1 The prices for individual Service Plans are listed in the current Service price list. A copy of this price list can be found on the Website at http://www.aligni.com/choose. All prices quoted are for a calendar month and are exclusive of all taxes, duties, and other charges. Each plan includes a base price and an additional price per active user which is determined as the maximum number of active users per billing month.
2.2 Payments for the Service can only be made by credit card. Users are therefore required to enter a valid credit card number and authorization information during the registration process. You hereby authorize Aligni Incorporated to forward all relevant payment data to the appropriate company handling your credit card payments. All such data forwarded will be encrypted and transmitted using secure server technology. You further undertake to ensure that sufficient funds are available to cover any due amounts charged by Aligni Incorporated to the credit card account provided.
2.3 Use of the Service is free of charge for the first 30 days following registration. After this period, your credit card will be charged the amount indicated by your current Service Plan, and every month thereafter. The Service is billed in advance on a monthly basis and is non-refundable.
2.4 In the event that the contract be terminated, no refund will be given for any fees paid in advance for that month, regardless of the reason for termination.
2.5 Should you elect to upgrade your Service Plan, you will be immediately invoiced and charged for the additional cost pro-rated to your next billing date. Should you elect to downgrade your Service Plan, no refund will be made for the month in which such change was made.
2.6 Aligni’s business contact address is 13500 SW 72nd Ave, STE 100, Portland, Oregon 97223, USA. For billing issues only, contact 217.391.3724.
2.7 Aligni Incorporated reserves the right to change the prices charged for the individual Service Plans. Aligni Incorporated will publish notification of such price changes on the website and notify you via email at least 30 days prior to enacting the change. If notification of termination is not received prior to the next billing date after the change, you will be deemed to have accepted the price change and will be invoiced at the new rate.
3.1 You are solely responsible for properly canceling your account. You may terminate the contract at any time without notice using the corresponding Cancellation function in the Service. Without exception, no other form of termination is acceptable, in particular notification of termination by e-mail. The provisions of the section titled Price and Payment in this Terms of Service apply.
3.2 All content may be permanently deleted immediately upon service cancellation.
3.3 Aligni Incorporated may terminate the contract at any time without reason by giving one month’s notice to the end of a calendar month. Such notice of termination shall be given by email.
3.4 Aligni Incorporated may terminate the contract at any time and with immediate effect for good or important reason. Such notification of termination shall be given by email. The following, in particular, shall be deemed as good or important reasons for such termination:
- The provision of inapplicable information during the account registration process.
- The invoice amount due cannot be charged to the credit card account provided.
- The use of this Service for illegal purposes or for purposes in breach of this Terms of Service.
4. Liability and Warranty
4.1 We will do our utmost to provide access to the Service at all times. Despite these efforts, the Service, or individual functions within the Service, may be temporarily disrupted to allow for necessary maintenance, updates or emergency repairs, or as a result of outages in the telecommunication lines and/or equipment outside our control.
4.2 The Service is provided in “as-is” condition. We offer no warranty that all functions in the Service will function correctly at all times. In the event that any deficiency should appear, we will strive to resolve such deficiency or offer an alternative solution.
4.3 Aligni Incorporated expressly disclaims all warranties, express or implied, including the warranty of merchantability and the warranty of fitness for a particular purpose other than its obligations of Confidentiality per Section 5. Aligni Incorporated shall not be liable for any claims or damages whatsoever, including loss of data, intellectual property infringement, loss of profits, interruption of business, or any special, consequential, or incidental damages, however caused, whether arising out of breach of warranty, contract, tort (including negligence), strict liability, or otherwise.
5.1 Definition. “Confidential Information” shall mean all non-public, confidential, or proprietary information, whether in oral, written, electronic, or other form or media, that either party (“Discloser”) discloses to the other part (“Recipient”) or its affiliates, or to any such Recipient’s or its affiliates’ employees, officers, directors, partners, shareholders, agents, attorneys, accountants, or advisors (collectively, “Representatives”) as being confidential. Notwithstanding the foregoing, Confidential Information does not include information that: (a) is or becomes generally available to the public other than (i) as a result of a disclosure by Recipient or any of its Representatives or or any other person who directly or indirectly receives such information from Discloser or any of its Representatives or (ii) in violation of a confidentiality obligation to Discloser that is known to Recipient, (b) is or becomes available to Recipient on a non-confidential basis from a source which is entitled to disclose it to the Recipient, (c) was developed by Recipient independently of and without reference to any information communicated to Recipient by Discloser, or (d) is disclosed pursuant to an order of a court or other governmental body; provided that Recipient shall provide prompt notice thereof to Discloser so as to afford Discloser an opportunity to intervene and prevent or limit any such disclosure.
5.2 Non-Disclosure and Non-Use Obligation. Recipient shall not make use of (except for purposes of these Terms and Conditions), or disseminate or in any way disclose Discloser’s Confidential Information. Recipient shall treat Discloser’s Confidential Information with the same degree (but not less than a reasonable degree) of care as it accords its own confidential information. Recipient may disclose Confidential Information only to its employees Representatives who need to know such information and certifies that its employees Representatives have previously agreed, either as a condition to employment or in order to obtain the Confidential Information, to be bound by terms and conditions substantially similar and no less restrictive than to those of this Agreement these Terms and Conditions. Recipient will immediately give notice to Discloser of any unauthorized use or disclosure of Discloser’s Confidential Information and will use all commercially reasonable efforts to assist Discloser in remedying any such unauthorized use or disclosure.
6. Proprietary Rights
6.1 Aligni Incorporated holds all copyrights and other proprietary rights to the software and databases used for the Service or is entitled to use any third party software or databases used for the Service. This applies in particular to any routines, databases, and other program components used. Such routines, databases, and other program components may not in any way, either in full or part, be used, reproduced, or made available by any other means to any unauthorized third parties and may not, in particular, be transferred to another website or other storage system or used in any other storage system.
7. Application Programmer’s Interface (API) Terms
7.1 You expressly understand and agree that Aligni Incorporated shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Aligni Incorporated has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.
7.2 Abuse or excessively frequent requests to the Service via the API may result in the temporary or permanent suspension of your account’s access to the API. Aligni Incorporated, at its sole discretion, will determine abuse or excessive usage of the API. Aligni Incorporated will make a reasonable attempt via email to warn the account owner prior to suspension.
7.3 Aligni Incorporated reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.
8. General Conditions
8.1 Your use of the Service is at your sole risk. The service is provided on an “as-is” and “as-available” basis.
8.2 Questions regarding the Terms of Service should be sent to support at aligni dot com.
8.3 Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Aligni customer, employee, member, or officer will result in immediate account termination.
8.4 If your bandwidth usage of the Service significantly exceeds the average bandwidth usage as determined solely by Aligni Incorporated, we reserve the right to immediately disable your account or throttle your usage until you can reduce your bandwidth.
8.5 You must not upload, post, host, or transmit unsolicited email or “spam”.
8.6 You will make no attempt to modify, adapt, or hack the service.
8.7 You will make no attempt to use the service to modify, adapt, or hack another website.
8.8 You expressly understand and agree that Aligni Incorporated shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if We have been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
8.9 Questions regarding the Terms of Service should be sent to support at align dot com.