TERMS OF SERVICE

These Terms of Service (“Terms”) are a legal agreement between Altirnao, Inc., herein “Altirnao”, having an office and place of business at 650 California Street, San Francisco, CA 94108, USA, and the person or entity agreeing to the terms herein (“Customer”, “You” or “you”). These Terms govern your initial purchase as well as any future purchases made by You that reference these Terms. These Terms cover Altirnao’s commercially available cloud-based solutions together with their associated downloadable components (the “Altirnao Products”). You agree that You have read, understand, and agree to be bound by all of the terms and conditions contained herein. If You do not agree to these Terms, You must not use or access the Altirnao Products. If You are entering into this Terms on behalf of a company, You represent that You have the authority to bind that company to these Terms. If You have purchased a license to use the Altirnao Products through an Altirnao reseller, You also agrees to comply with the terms of any agreement between You and such reseller. In the event of an inconsistency between these Terms and any such reseller agreements, these Terms shall control.

Modifications

To these Terms:  Altirnao reserves the right to update and change the Terms upon notice from time to time. You will be provided notice of any such modification by electronic mail or by the publishing of such on the website https://www.aodocs.com/other-products/terms-of-service. You may terminate your use of the Altirnao Products if the Terms are modified in a manner that substantially affects your rights in connection with use of the Altirnao Products. Your continued use of the Altirnao Products after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms at any time at https://www.aodocs.com/other-products/terms-of-service.

To the Altirnao Products:  Altirnao may make changes to the Altirnao Products from time to time.  Altirnao will notify you of any material changes or modifications. Any updates, upgrades, additions or new features to the Altirnao Products, including the release of new tools and resources, shall be subject to these Terms and may require you to agree to additional terms and conditions.

Use of the Altirnao Products

Access to Altirnao Products:  Access to the Altirnao Products is only available to Customer and the end users (“Users”) to whom Customer has granted access.

License to Customer:  Subject to Customer’s compliance with these Terms and the Google Acceptable Use Policy (available at https://cloud.google.com/terms/aup), including, without limitation, Customer’s payment of all applicable fees, Altirnao hereby grants Customer a limited, revocable, non-transferable non-exclusive, non-sublicensable license to access and use the Altirnao Products, solely for Customer’s own internal use, and not for timesharing, application service provider or service bureau use.

Customer is at all times fully responsible and liable for all acts and omissions by Users to whom Customer has granted access to the Altirnao Products and Customer agrees to indemnify Altirnao for all claims and losses related to any such acts and/or omissions.

Each user license ordered by Customer is specific to the email address of only one User and, once granted to that User, may not be transferred or reassigned to any other user unless the User originally granted the license will no longer use the Altirnao Products. Any such transfer or reassignment is permanent and Licensee shall not permit the original User to use the Altirnao Products after such User’s license has been used by a different User.  

Altirnao reserves the right to terminate unpaid Accounts and Accounts that are inactive for a continuous period of ninety (90) days. In the event of any termination, all data associated with such Account will be deleted. Altirnao will provide Customer with prior notice of such termination and will send a data backup to Customer by email. In case of Accounts with more than one User, if at least one of the Users is active, the Account will not be considered inactive.

Restrictions on Use

Restrictions on Use of Altirnao Products: You acknowledge that some features of the Altirnao Products rely on the functioning of G Suite and that should Your use of Google’s G Suite be in violation of Google’s applicable terms of service, there may be disruptions in the use of Altirnao Products. In addition to all other terms and conditions contained herein, you shall not and shall not permit others to:

  1. copy, modify, adapt, translate or otherwise create derivative works of the Altirnao Products;
  2. reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Altirnao Products;
  3. rent, lease, sell, assign or otherwise transfer rights in or to the Altirnao Products;
  4. remove any proprietary notices or labels from the Altirnao Products;
  5. use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Altirnao Products;
  6. USE THE ALTIRNAO PRODUCTS IN MISSION-CRITICAL SYSTEMS, SUCH AS THOSE USED IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, DIRECT LIFE SUPPORT MACHINES, WEAPONS SYSTEMS, OR IN-LINE MANUFACTURING IN WHICH THE FAILURE OF THE ALTIRNAO PRODUCTS COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE OR HIGH NON FATAL DAMAGES (“HIGH RISK ACTIVITIES”). ALTIRNAO SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES; 
  7. use the Altirnao Products for spamming or any other illegal or unauthorized purpose or engage in illegal or deceptive trade practices;
  8. use of the Altirnao Products in violation of any laws in your jurisdiction (including but not limited to copyright laws);
  9. process or store any content on or through the Altirnao Products that is subject to the International Traffic in Arms Regulations maintained by the Department of State;
  10. if you are (or become) a Covered Entity or Business Associate, as defined in the Health Insurance Portability and Accountability Act (“HIPAA”), use the Altirnao Products for any purpose or in any manner involving Protected Health Information (as defined in HIPAA) unless you have received prior written consent to such use from both Google and Altirnao;
  11. use the Altirnao Products as a way to circumvent your obligation to provision one G Suite End User Account for each User;
  12. share a single User license among multiple physical people.

This list of prohibitions provides examples and is not complete or exclusive.  

Altirnao reserves the right to suspend or terminate your access to Altirnao Products with or without cause and with or without notice, for any reason or no reason, or for any action that Altirnao determines is inappropriate or disruptive to the Altirnao Products or to any other user of this Altirnao Products.

You acknowledge and agree that Altirnao, in its sole discretion, with or without notice, may establish or revise from time to time general practices and limits concerning your use of the Altirnao Products, including without limitation, establishing the maximum number of Google Drive operations that can be done on your behalf in a given period of time. In addition, Altirnao may limit, without notice, the volume of e-mail forwarding or file downloading from the Altirnao Products in response to unreasonable activity (such as spamming).

Altirnao may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Altirnao’s discretion, Altirnao will cooperate with law enforcement agencies in any investigation of alleged illegal activity associated with the Altirnao Products or on the Internet.

Unauthorized use of any trademarked, copyrighted or patented materials contained in the Altirnao Products may violate certain laws and regulations.

You agree to indemnify and hold Altirnao and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) Altirnao or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this Altirnao Products or the use of Altirnao Products by any person using your Account (including without limitation, Your Content (as defined below)) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.

Suspension

Altirnao reserves the right to suspend or terminate Customer’s access to the Altirnao Products with or without notice if Altirnao reasonably determines that:

(a) there is a threat or attack on the Altirnao Products (including a denial of service attack) or other event that may create a risk to the Altirnao Products, Altirnao, Customer, or any user of the Altirnao Products;

(b) Customer’s or its users’ use of the Altirnao Products or Customer Content disrupts or poses a security risk to the Altirnao Products or any user of the Altirnao Products, may harm Altirnao’s systems, or may subject Altirnao or any third party to liability;

(c) Customer or any User is using the Altirnao Products for fraudulent or illegal activities;

(d) Customer or any User is causing performance disruptions in the Altirnao Products or in Google Drive by using the Altirnao Products in a way that is not recommended in the performance guidelines published in the Altirnao Products’s documentation or by ignoring performance recommendations provided by Altirnao’s technical support;

(e) subject to applicable law, Customer has ceased to continue Customer’s business in the ordinary course, made an assignment for the benefit of creditors or similar disposition of its assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceeding;

(f) Customer or any User is using the Altirnao Products or other Altirnao property in breach of this Agreement;

or (g) Customer is in default of its payment obligations hereunder (collectively, "Service Suspensions"). Altirnao will make commercially reasonable efforts, circumstances permitting, to provide written notice of any Service Suspension to Customer, and to provide updates regarding resumption of Customer’s access to the Altirnao Products following any Service Suspension.

Subscription terms

Customer agrees to pay the subscription fee applicable to Customers and its Users use of the Altirnao Products. Such fees will be paid on a periodic basis as agreed to Altirnao or to your Altirnao reseller as agreed when you registered for the Altirnao Products.

In case of non-payment for any reason (including, if applicable, Altirnao’s inability to charge your credit card or other payment method for any reason) or any violation of these Terms, Altirnao shall be entitled – without liability – to immediately suspend Customer’s and Users’ access to the Altirnao Products.  If you purchase your license to use the Altirnao Products from Altirnao, you hereby expressly agree that Altirnao is permitted to bill you for the applicable fees, any applicable tax and any other charges you may incur in connection with your use of the Altirnao Products, or charge such fees to your credit card or other payment method designated on your initial registration with the Altirnao at regular intervals for the remainder of the term of these Terms. If you cancel your Account at any time, you will not receive any refund.

Customer agrees that Customer’s paid use of the Altirnao Products is neither contingent on the delivery of any future functionality or features nor dependent on any oral or written public or private comments made by Altirnao or any Altirnao reseller regarding future functionality or features.

Intellectual Property

Customer hereby acknowledges and agrees that, subject to the limited rights granted hereunder, Altirnao (or its licensors) own all legal right, title and interest in and to the Altirnao Products, including, without limitation, any Intellectual Property Rights or other proprietary rights which exist in the Altirnao Products (whether such rights are registered or unregistered, and wherever in the world those rights may exist) (“Our Technology”).  For purposes of these Terms, “Intellectual Property Rights” means, on a worldwide basis, any and all now known or hereafter known (a) rights associated with works of authorship including copyrights and moral rights, (b) trademark and trade name rights and similar rights, (c) trade secret rights, (d) patent rights and other industrial property rights, (e) intellectual and industrial property rights of every other kind and nature and however designated, whether arising by operation of law or otherwise, and (f) all registrations, applications, renewals, extensions, continuations, divisions, or reissues thereof now or hereafter existing, made, or in force (including any rights in any of the foregoing).

Our Technology may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Technology. Nothing in these Terms of Use grants you any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology except as generally and ordinarily permitted through the Altirnao Products according to these Terms. Furthermore, nothing in these Terms of Use will be deemed to grant, by implication, estoppel or otherwise, a license to Our Technology. Certain of the names, logos, and other materials displayed on the Altirnao Products constitute trademarks, trade names, service marks or logos (“Marks”) of Altirnao or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with and will inure to us or those other entities. To the extent indicated, any use of third party software provided in connection with the Altirnao Products will be governed by such third parties’ licenses and not by these Terms. Furthermore, any comments, ideas and/or reports about the Altirnao Products that you provide to us, whether in written or electronic form (“Feedback”), shall be considered our proprietary and confidential information, and you hereby irrevocably transfer and assign to us all intellectual property rights embodied in or arising in connection with such Feedback, and any other rights or claims that you may have with respect to any such Feedback.

Ownership & Privacy

As between You and Altirnao, you retain all right, title and interest in any and all data, files, attachments, text, images, personally identifiable information, and other content that You and Your Users upload or submit to or through the Altirnao Products (collectively, "Your Content"). You may not upload, post or otherwise make available through the Altirnao Products any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you.  You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use any and all of Your Content. You represent and warrant that you have all rights, permissions and consents necessary (a) to make Your Content available on or through the Altirnao Products, and (b) to grant Altirnao the limited rights to use Your Content set forth in these Terms.

You agree that Altirnao may use Your Content to provide the Altirnao Products features, including by making it available for viewing, download and modification by other Users with access rights to Your Content. You hereby grant Altirnao a non-exclusive, perpetual, royalty-free, worldwide license (including the right to sublicense through multiple tiers) to access, use, reproduce, distribute, store, transmit, modify, adapt, reformat, publicly display, and publicly perform Your Content as required for the purpose of providing the Altirnao Products features to you.  

You understand and agree that Altirnao does not have the ability to grant or revoke the Altirnao Products’s access to Users' G Suite accounts and files or other content and materials stored in Users’ G Suite accounts. Therefore, You are solely responsible for granting the Altirnao Products access to such G Suite files and revoking such access when You cease use of the Altirnao Products. Altirnao shall not be responsible and shall have no liability for any damages that result from Your failure to grant or revoke such access.  

You understand and agree that Altirnao may, notwithstanding any provision of any separate nondisclosure agreement that may have been executed between You and Altirnao, distribute and disclose Your Content (a) to your Users, and (b) to Altirnao's service providers who act on Altirnao's behalf in providing the Altirnao Products.  Altirnao’s use of any personally identifiable information you provide through the Altirnao Products is governed by our Privacy Policy. Your use of the Altirnao Products indicates your acceptance of the terms of our Privacy Policy. You can review the most recent version of our Privacy Policy at http://www.altirnao.com/privacy-policy/ .

You hereby consent that, if You choose to become a paying customer of the Altirnao Products, Altirnao may identify You as an Altirnao customer (using Your name and logo) and generally describe the products or services it provides to You in its promotional materials, presentations, and proposals to other current and prospective customers.

Warranty Disclaimer

THE ALTIRNAO PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ALTIRNAO MAKES NO WARRANTY THAT (I) THE ALTIRNAO PRODUCTS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (II) THE ALTIRNAO PRODUCTS WILL BE ERROR-FREE OR UNINTERRUPTED (INCLUDING, WITHOUT LIMITATION, INTERRUPTIONS THAT OCCUR IN THE CONTEXT OF REGULARLY SCHEDULED MAINTENANCE); (III) ANY INFORMATION OR ADVICE OBTAINED BY YOU IN CONNECTION WITH THE ALTIRNAO PRODUCTS WILL BE ACCURATE OR COMPLETE; OR (IV) THE RESULTS OF USING THE ALTIRNAO PRODUCTS WILL MEET YOUR REQUIREMENTS.  SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO CUSTOMER.

Limitation of Liability

IN NO EVENT SHALL ALTIRNAO BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER (INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION), ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE ALTIRNAO PRODUCTS, EVEN IF ALTIRNAO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH ALTIRNAO RELATED TO ANY OF THE ALTIRNAO PRODUCTS SHALL BE TERMINATION OF YOUR USAGE OF SUCH ALTIRNAO PRODUCTS. IN NO EVENT SHALL ALTIRNAO’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY ALTIRNAO PRODUCT, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH ALTIRNAO PRODUCT.  SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS PARAGRAPH MAY NOT APPLY TO CUSTOMER.

Other Terms

These Terms, their interpretation, performance or any breach thereof, will be construed in accordance with, and all questions with respect thereto will be determined by, the laws of the State of California. Both parties hereby irrevocably submit any disputes under these Terms to the jurisdiction of the courts located in the State of California.

Last Updated: March 27th, 2017

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