Terms of use

Last Updated: 22.09.2023

Welcome to alanbase!

The following terms of use (these "Terms"), govern your access to and use of the alanbase website, including, but not limited to any content, functionality and services offered on or through https://alanbase.com/, as applicable.

Alanbase is referred hereto as "alanbase" "we" or "us" and “you” or “your” means you as an user of the Alanbase Platform.

Please read the Terms carefully before you start to use the Alanbase Platform. By using the Alanbase Platform, opening an account or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree, on behalf of yourself or on behalf of your employer or any other entity (if applicable), to be bound and abide by these Terms. You further acknowledge, you have read and understood our Privacy Notice, which you may find via the alanbase.com/privacy-policy (“Privacy Notice”). If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Alanbase Platform. For more detailed policies surrounding the activity and usage on the Alanbase Platform, please access the designated articles herein.

Alanbase Services, all information and content are provided on a strictly “as-is” basis without any warranty whatsoever by Alanbase regarding such Services, information or content.

The Alanbase Platform is offered and available to users who are at least 18 years of age and of legal age to form a binding contract. If you are under 18 you are not permitted to use the Alanbase Platform. By using the Alanbase Platform, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Alanbase Platform

Definitions

“Account” means any account created by User with Alanbase platform.

“Advertiser” mean a user for whom Instance Administrator created separate account and who orders Services from Instance Administrator and/or Partner subject to the specific Instance Terms of Use.

“Alanbase platform” means Alanbase website and any Alanbase applications.

“Alanbase website” means https://alanbase.com/

“Alanbase applications” means any applications managed and owned by us and bearing logo of Alanbase.

“Instance” means separate platform created within Alanbase platform which has the functionality specified in separate Agreement between us and Instance Administrator.

“Instance Administrator” means a user, for whom the individual separate Instance was created based on the separate Agreement between us and Instance Administrator and who can manage such instance.

“Partner” means a user for whom Instance Administrator created separate account and who provide Services to Instance Administrator and/or Advertiser subject to the specific Instance Terms of Use.

“Marketing Services” means any marketing Services as may be defined in the specific Instance Terms of Use.

“Instance Terms of Use” means the document created by the Instance administrator which governs relations between the Instance administrator and the Partner and/or the Advertiser for whom Instance Administrator created separate account.

“User” means any person who somehow interacts with Alanbase platform.

Scope of Alanbase Services

Alanbase does not provide Marketing services and nothing in this Terms shall be construed as establishing any kind of relation between Alanbase and Instance Administrator and/or Partner and/or Advertiser except for those which are expressly provided for in the present Terms and the bilateral Agreement between Alanbase and Instance Administrator.
Alanbase provides software for creation and management of separate Instances. Alanbase operates as a B2B software provider, offering a comprehensive suite of services that enables Instance Administrators to create and develop their own platforms which provide the possibility to engage with Advertisers and/or Partners (hereinafter referred to as “Services”).
We reserve the right to introduce, modify, or terminate any aspect, capability, or tool within the Service and/or Sites at our sole discretion, without the obligation of prior notification. However, in the event of a significant and detrimental alteration to the fundamental functionality of the Service, we will notify you through an announcement posted on the Sites and/or via the Service or by sending an email.
Alanbase under no circumstances shall be liable for any monetary obligations which may arose between users in course of their use of Alanbase platform.

Relationship with Alanbase

Alanbase is not acting as an agent or representative in any capacity for you. You are not acting as an agent or representative in any capacity for us.
You and Alanbase shall not be construed as being partners, joint venturers, shareholders, participants.
Alanbase does not endorse you.
You have no authority to bind us to any obligation, agreement, debt or liability.
Requirements for Use of the Services

In order to access and use the Alanbase platform, you need to be 18 or older. You also need to have the full legal capacity and the power to enter a legally binding agreement and are not banned from doing so under any applicable law.
If you are representing a legal person or an organization not incorporated as a legal person, you have to be duly authorized to carry out such representation.
Use of the Services may require compatible devices, Internet access, and certain software (fees may apply); may require periodic updates; and may be affected by the performance of these factors. The latest version of required software may be required for certain transactions or features. You agree that meeting these requirements is your responsibility.
You agree that it is your responsibility to be in full compliance with Applicable law while using Services and under no circumstances shall Alanbase be liable for any violation of law conducted by you.

Availability

The Services, or any features or parts thereof, may not be available in all languages or in all countries and Alanbase makes no representations or warranties that the Services, or any features or parts thereof, are appropriate or available for use in any particular location. To the extent you choose to access and use the Services, you do so at your own initiative and are responsible for compliance with any applicable law.
We shall use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week, except (i) during planned downtime for upgrades and maintenance (ii) unplanned outages due to «bugs» or errors and (iii) any unavailability caused by circumstances beyond our control, such as an act of God, adoption of laws and regulations by state and local authorities, flood, fire, earthquake, Internet service provider failure or delay, or acts by third parties including denial of service attack.

Under no circumstances we may be held liable for unavailability of Services under the present Terms of Use. Our liability for unavailability of Services shall be determined solely by the Agreement between us and the Instance Administrator.

Instance Creation and Management

To initiate your registration for the Service, you must first sign the Software License Agreement, acquire the right to use fully developed software, and establish an Instance with us.
Information collected when creating an Instance is subject to our Privacy Notice.
You must not create an Instance on behalf of a person (individual, legal person, organization not incorporated as a legal person) unless you are legally authorized to do so.
You may not assign or transfer Instance to another person.
Please keep your credentials to Instance secure. You are solely responsible for keeping your password confidential and secure.
You will not do anything else that might jeopardize the security of your Instance.
You must immediately notify us of any unauthorized use of your password, Instance or any other breach of security of which you become aware.
Once the Instance is created, you will be able to customize it.
Information you display on your Instance has to be truthful, accurate, current and complete. You are solely liable for the validity of the information provided.
You will update your Instance information in case of its change.
By creating an Instance, you agree to receive notices from Alanbase.
You accept full responsibility for all activities conducted under your Instance and password, including the integration or use of third-party products or services (along with data disclosures) in conjunction with the Service.
Instance Administrator may create accounts for separate Advertisers and Partners within his Instance.
Instance Administrator may establish any rules to be applicable in his dealings with Advertisers and Partners which take place within Instance unless they are in violation of any applicable law (“Instance terms of Use”).
Instance Administrator is solely responsible to ensure that all actions and consequences thereof which take place within Instance are in full compliance with any applicable law.
We may utilize data from your Instance, including screenshots thereof, for our commercial or marketing endeavors. However, we will only proceed with such data usage once we receive explicit confirmation from you through any form of communication. By providing us with this confirmation, you hereby acknowledge that you will not raise any objections to the utilization of said data.

Payments

The financial compensation provided to affiliates is solely at the discretion of the Customer and is not governed by either the Agreement between us and Instance administrator or the Terms.
Payment terms for Services shall be determined by separate Agreement concluded between us and Instance administrator.

License

The Service and Sites, along with their associated materials such as software, application programming interfaces, design elements, textual content, editorial materials, informational text, images, illustrations, audio and video clips, artwork, and other visual assets, as well as names, logos, trademarks, and service marks (excluding User Data), any related or underlying technology, and any modifications, improvements, or derivative works thereof (collectively referred to as "Alanbase Materials"), are the exclusive property of Alanbase and its licensors. They may be safeguarded by applicable copyright and other intellectual property laws and agreements. In the context of your relationship with Alanbase, Alanbase retains all rights, including intellectual property rights, in and to the Alanbase Materials.
Alanbase reserves the right to utilize the name and logo of users for the purpose of identifying Customer as a customer of Alanbase or as a User of the Service, on Alanbase's website, marketing materials, or through public announcements. User retains the option to revoke this right at any time by contacting us.
Subject to the terms and conditions detailed in these Terms, and your compliance therewith and if applicable your Agreement with us, we grant you a limited, worldwide, non-exclusive, non-transferable right to access and use the Service and Sites, solely for your internal purposes, during the relevant Subscription Term.

Except as expressly permitted within these Terms, you may not, and shall not allow any User or third party to: (i) Transfer, sell, rent, lease, sublicense, disclose, publish, assign, market, resell, display, transmit, broadcast, transfer, or distribute any portion of the Service to any third party, including your affiliates, or employ the Service within any service bureau arrangement. (ii) Attempt to circumvent, disable, or otherwise disrupt security features of the Sites or Service, or features that prevent or limit the use or replication of any content or that impose restrictions on the utilization of the Service or Sites. (iii) Engage in reverse engineering, decompilation, disassembly, decryption, or any attempt to extract the source code of the Service or Sites, or any of their components. (iv) Disrupt or attempt to disrupt the integrity or proper operation of the Service or Sites, or any related activities. (v) Encourage or assist any third party, including other Users, in engaging in any of the aforementioned actions.
As a User of the Service and/or Site, you may provide suggestions, comments, feature requests, or other feedback regarding Alanbase Materials, the Alanbase Service, the API (if you are the Admin), and/or the Sites (hereinafter referred to as the "Feedback"). Such Feedback is deemed an integral part of Alanbase Materials, and accordingly, it becomes the exclusive property of Alanbase without any restrictions or limitations on use. Alanbase may choose to implement or decline such Feedback, without any obligation or restriction. By providing Feedback, you: (i) Certify that the Feedback is accurate, comprehensive, and does not infringe on the rights of any third party. (ii) Irrevocably assign to Alanbase any right, title, and interest you may have in the Feedback. (iii) Explicitly and irrevocably waive any and all claims related to any past, present, or future moral rights, artists' rights, or similar rights, globally, pertaining to the Feedback.

General Rules of Conduct

While using the Services, any person agrees to:

not violate or assist any third party in violating these Terms, our Privacy Notice, our policies and/or any applicable law;

not provide false, inaccurate, outdated, incomplete and misleading information;

not violate intellectual property rights of any person;

not use the Services in any way that can damage, disable or overburden them or Alanbase, which may include but is not limited to uploading or in any other way, while using the Services, sending viruses, Trojan horses, spyware, adware or any other malicious code; performing DDoS attacks, interfering with or disrupting any network, equipment, or server connected to or used to provide the Services;

not abuse, harass or harm our third party service providers, personnel, employees, representatives or agents, providing services to you;

not attempt to gain unauthorized access to the Services, Instances, computer systems or networks connected to the Services or to extract data from the Services;

not to share password with third parties;

not to use any other person’s password;

not to publish or post other people's private and confidential information.

not impersonate or misrepresent yourself as another User or any third person, nor misrepresent your affiliation with any such person (Alanbase reserves the right to reject or block any Account which could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another person’s name or identity);

not make other fraudulent, false, deceptive, or misleading representations;

not violate any laws that apply in your jurisdiction concerning the use of our Services; and

not violate these Terms, our Privacy Notice, our policies and/or any applicable law in any other way.
not to buy or sell accounts created within Alabase platform.
except as allowed by Applicable Law, not to attempt to reverse-compile, disassemble, reverse engineer, or otherwise convert any part of the Services.

Indemnification

To the extent permitted by the Applicable Law, you agree to defend, indemnify, and hold harmless Alanbase from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys‟ fees) arising from:

your use of and access to the Services;
any content you post, upload, use, distribute, store, or otherwise transmit through the Services;
your violation of these Terms; or
your violation of any law or regulation etc., or the rights of any third party.

Force Majeure

In case of any circumstances of insuperable force (i.e. events of extraordinary and insuperable nature) that have occurred and remain in effect beyond Alanbase’s and your control and that a party could neither foresee nor prevent for objective reasons, if these circumstances make proper fulfillment of the obligations hereunder by a party impossible, the term for fulfillment of such obligations hereunder shall be extended for the period of the effect of such circumstances of insuperable force.
The circumstances of insuperable force shall include wars and other military operations, earthquakes, floods, and other natural disasters, adoption of laws and regulations by state and local authorities, failure of power supply or communication system or other similar circumstances that make the proper fulfillment of the obligations hereunder by the parties impossible.

Privacy

Personal information that you provide to us and any information about your use of the Services that Alanbase obtains will be subject to the Privacy Notice.
The Privacy Notice constitutes an integral part of the Terms. The Privacy Notice can be accessed using the Privacy Notice alanbase.com/privacy-policy.

3. Any and all communications shall be in Alanbase chat. Any communications outside of Alanbase chat is strictly prohibited.

Applicable Law and Dispute Resolution

These Terms and any relations arising out of or in connection with them shall be governed by the laws of Estonia (“Applicable Law”).
You and Alanbase shall endeavour to resolve through negotiations all disagreements that may arise out of or in connection with these Terms.
For the purposes of resolving disputes between you and us your e-mail specified at opening the Account and e-mail correspondence with the authorized persons of Alanbase shall be effective and binding means of communication.
If the parties fail to reach an agreement on the dispute within 30 (thirty) calendar days from the start of negotiations, the dispute shall be submitted to the competent court under the Applicable Law.

Changes to the Terms

Alanbase may change the Terms at any time and in its sole discretion.
The revised Terms take effect immediately and apply to your access and use of the Services from that date on.
Alanbase will strive to give you prior notice about changes in these Terms and the effective date of such change as well as to give you an opportunity to review them before they go into effect. This can be done by posting a notification on the Alanbase website and/or sending you an email (if appropriate)
If you continue to use the Services after we make changes to the Terms, you are signifying your acceptance of the revised Terms.
If you do not agree with the revised Terms, you cannot use the Services.

Final Provisions

Alanbase may terminate these Terms at any time at its own discretion without explaining the reasons for this decision.
The agreement recorded in these Terms continues indefinitely until terminated under the provisions of the Terms.
These Terms, Privacy Notice, any other policies, notices and disclaimers on the Services constitute the entire agreement between you and us regarding your use of the Services.
If you have any questions regarding the Alanbase Platform or Terms you can contact our Customer Support team by submitting a request.
The original language of these Terms, as well as all other texts throughout the Alanbase Platform, is English. Alanbase makes this translation available for convenience only. In case of conflicts between the original English version and any translation, the English version shall prevail.
You will not assign or transfer any of the rights and obligations under the Terms without our prior written consent.
We may assign or transfer our rights and obligations to another person without your prior written consent. In any such case we will give you prior notice.
We may involve third parties to render or assist in rendering the Services.
If any provision of the Terms is invalid or unenforceable under the Applicable Law or any other relevant legislation, it shall not affect the validity or enforceability of the remainder of the Terms. Such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
If we fail to enforce any provision of the Terms, it shall not be constituted as waiver.