TERMS AND CONDITIONS

Alterly is a web-based service/product, which is the property of and is supported by "Alterly, s.r.o.", a company based in Bezrucova 69/6, 602 00, Brno, Czech republic.

The present Terms and Conditions regulate the Use of all Alterly's products and services, including the "Alterly.com" website and its content. It contains two documents: Alterly's Terms of Service (TOS) and Privacy Policy .

BY USING ALTERLY'S WEBSITE (INCLUDING ITS CONTENT) AND/OR PRODUCTS AND/OR SERVICES, YOU AGREE TO THE TERMS AND CONDITIONS THAT FOLLOW, TO ANY POLICIES THAT MAY BE ADDED TO THEM, AND TO ANY REVISIONS OR CHANGES THAT THEY MAY BE THE SUBJECT OF. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, OR YOU DO NOT WISH TO BE BOUNDED BY THEM, DO NOT USE ALTERLY'S WEBSITE, PRODUCTS OR SERVICES. Alterly, s.r.o. reserves the right to, at any time, update the Terms and Conditions, at its discretion, to take into account legal, industry-related, or any other changes in the status quo. The most recent updated version of this agreement is available on the "Alterly.com" website, though Alterly, s.r.o. isn't required to notify Users of an update to Terms and Conditions. Hence, We strongly encourage all Users to fully read this agreement and review it regularly. The documents are in effect upon the date of their last update.

Terms Of Service

The Alterly's website, its contents, products and services are available to all individuals of legal age, who are legally capable of entering into contracts (binding agreements). Proof of compliance to these criteria may be requested upon access to all (or some) services and/or products, in the form of identification details or contact information.

These Terms of Service are established between Us and Users. No other person is entitled to benefit under these.

If any court or regulator decides that any provision of these Terms of Service is invalid or otherwise unenforceable, such provision shall be severed and deleted from these TOS and the remainder terms and conditions shall continue to have full force and effect. If TOS are inconsistent with the terms and conditions noted on Your registration with Alterly (if applicable) the TOS shall prevail, unless otherwise specified on additional documentation supplied by Alterly's Customer Care department.

1. Definitions

Wherever found in the Terms and Conditions, "You", "Yourself" and "User" refers to you, the user of the Alterly's website, its contents, products and services, and "Your" shall be interpreted accordingly. Moreover, "We", "Us" and "Alterly" refer to Alterly, s.r.o. and "Our" and "Alterly's" shall be interpreted accordingly. "User Information" refers to the personal details that may be collected by Us on Alterly.com and/or in the course of the registration and/or acquisition to/of any Alterly's services or products. "Our Website" refers to the website "Alterly.com" and all webpages associated to it. However, "Alterly Site" refers to Websites or Widgets of our Users, hence created using the system Alterly. "Third Party" refers to any person/entity/company that are not associated to Alterly, s.r.o..

2. Services Available

2.1 Free Version

Alterly's basic tool for website editing is absolutely free of charge to each and all Users. The characteristics of Our free versions might be specific to the type of site in question. The Free version is limited, e.g. as to how many people can see the change your made. These specifics can be subject to change.

2.2 Premium Services

Alterly currently doesn't offer premium services. This can be subject to change in the future.

4. Contract and Contract Revocation

4.1 Contract

A binding contract is initiated between You and Alterly, at the time You order a service and it will be uphold once the payment is successfully completed. "Successfully completed" is defined as full amount was paid and an invoice is available in the Administration of Your Alterly account. There is a "refundable period" of 15 days in which You can request for cancelation of the service. However, this process follows a specific set of criteria and rules (please refer to Paragraph 6.3).

4.2 Contract Revocation

Revocation of any service can be requested at any time if You do not intend to obtain the refund of paid fees. Also, revocation, acquisition of services, and request for changes in current services (i.e., whatever affects the functionality of Your project) must be presented by You (the owner of the project) in written (by email), and from the email address used to register the project.

4.3 Duration of the Contract

The acquisition of premium services has a length of 1 month up to 1 year of contract. For the remaining services, unless it is otherwise notified upon purchase, the contract ends once the service is provided.

5. Payments/Fees and Refunds

5.1 Methods of Payment

Premium services can be paid by Credit Card, PayPal, bank transfer, wire transfer, and other country-specific payment methods (including direct deposit on Alterly's bank account).

In the case of bank transfers, all the information necessary is available on the Premium Service order form. Also, please notice that the surcharges resulting from the bank transfer are supported by You, not by Alterly.

Note: You are responsible to fill in your information on the payment request. Please make sure that all fields are completed and that all data supplied is accurate. Alterly is not responsible for uncompleted requests due to wrong or insufficient User-information.

5.2 Recurrent Payment (Automatic Renewal)

If You acquired a Premium package and made Your purchase with Credit Card or PayPal, Your membership will be renewed automatically. The frequency of renewal can be monthly or yearly, depending on the type of payment that You selected. For yearly-based renewals, the amount is charged 30 days prior to the expiration date of the package.

The automatic renewal can be cancelled at any time in the "Administration" of Your project.

5.3 Payment Date and Activation Date

The payment date is set upon confirmation of successful reception of the amount in question by the payment entity chosen (i.e., payment method provider). Regarding payments made with Credit Card or through PayPal, the amount is deducted immediately from Your account. In addition, payment date and activation date are the same, unless the recovery of the fully paid order has to be done manually. In this case, the activation may be delayed for several days.

5.4 Requests for Refund

All Premium services, except for domain registration, are refundable within 15 days from the date of activation. However, please note that vouchers are not refundable in any way or form. To request contract revocation, You must send an email to Our Customer Care department (please refer to Article 5.5).

For cancelation of reservation packages within the 15-day period, no justification is necessary; though it is encouraged as We use it as an information source.

In the case of authorized request to cancel any Premium service, except for website packages and domain registrations, You must provide a reason for the cancelation. For all cases mentioned above, the reasons that may trigger a refund are:
(a) Full termination of all services (including free versions);
(b) Repeating technical issue with the service, that impairs the normal function of Your project;
(c) Failure to provide service that was paid in full (with confirmation of payment).
Note: Alterly reserves the right to review the cancelation reason You stated and to decide upon acceptance or denial of Your request.

5.5 Date and Method of Refund

Refund of the fees paid will take place up to 50 days starting from the date of Alterly's notification of refund, and will be processed through the same payment method (except in the case of direct deposit) or by a non-refundable reimbursement voucher. The deactivation is done at the same time as the refund.

6. Acceptable Usage

"Acceptable Usage" of Alterly's website, its contents, products and services is defined in Paragraphs 6.1 through 6.8. Activities that go against or are otherwise forbidden by these paragraphs are, therefore in violation of the Terms of Service and make You liable to disciplinary action and legal prosecution. For more information, please refer to Article 9.

6.1 Content

You will not post on nor distribute through the Alterly Site any materials that are of defamatory, threatening, obscene, harmful, pornographic or otherwise illegal nature. Also, materials that somehow violate or infringe, in any way, on Our rights or on the rights of others (including but not limited to intellectual property rights, confidentiality rights and privacy rights) are absolutely forbidden, as well as activities that may cause distress or inconvenience on Us or others. Moreover, You may not express opinions that are vulgar, crude, sexist, racist or otherwise offensive. We encourage Users to treat each other in a respectful and polite manner.

6.2 Participation in Events

You will abide by the rules of any competition, promotion or marketing campaign that You participate on Our Website.

6.3 Interference

You will not engage in any behavior or action that may affect the operability or the security of Alterly Site nor will You cause unreasonable inconvenience nor disruption to Our staff.

6.4 Identity

You will not impersonate any person/entity, nor misrepresent Your affiliation with a person/entity.

6.5 SPAM

You will not promote Your Alterly reservation Site by sending SPAM (i.e., emails sent to accounts without the previous agreement of the account owner).

6.6 Robot Software

You will not use robot software (nor any other software that is not Alterly) to create new Alterly Sites nor to access nor modify Alterly Sites.

6.7 Workarounds

You will not use workarounds of any kind, to overcome package limitations or limitations of any Alterly service or feature.

7. Intellectual Property

All copyright materials, trademarks and other intellectual property rights materials or contents supplied as part of Alterly Site shall remain, at all times, vested in Us or Our licensors. You are not permitted to use this material or content unless authorized by Us or Our licensors. Moreover, You are only allowed to use such material in the manner described in the Terms and Conditions, and no other. You will not copy, reproduce, distribute, commercially exploit nor in any form benefit/profit from such materials or contents, nor You will assist/facilitate any Third Party in actions such as the ones mentioned above.
Moreover, if You become aware of any such distribution or commercial exploitation, You agree to notify Us immediately.

8. Privacy

8.1 Legislation

We shall abide by all applicable country-specific data protection legislation regarding any of Your personal information gathered by Us.

8.2 Data Processing

You may be asked to enter information about Yourself on different pages of Alterly Site. However, We will not use that information in any other manner than the one expressed on the place where the request is made. Also, all User information collected is processed in the manner and with the limitations stated in Our Privacy Policy.

8.3 Data Withdraw

You may request to withdraw Your personal information from Our marketing database. To do so, You (the owner of the project) must make a written request (from the email address used to register the project) to Our Customer Care department either using the link in Your Alterly Site, or by the Contact webpage in Our Website.

8.4 Changes in Personal Data

We strongly recommend the update of all personal information, since this data is used in Customer Care services.

8.5 Registration

In order to use Our services and products, You must have a valid registration to Alterly. This entitles to have a project in which you can have multiple Alterly Sites. To register, You must provide a valid email address, a password and other personal information. You are the sole responsible for the confidentiality of Your password and account. All activity originated from Your account and/or password is Your responsibility. We strongly suggest that You keep Your password and account information strictly confidential and do not share it with anyone. In case of unauthorized use of Your password and/or account, immediately notify Alterly in writing from email address used to register the project. To avoid misuse of Your account, ensure that You sign out from Your account at the end of each and every session.

8.6 Data of Your customers

By using you Alterly reservation system, you might collect personal information of your customers. You are solely responsible for handling and processing this data. You (NOT Alterly) are responsible for abiding all applicable laws valid in your country, and any other applicable regulation. Alterly is in no way responsible for how You use the data of your customers. We strongly advise that you are careful and observe any laws that may apply.

8.7. Logos

Alterly has right to display Your logo (Logo of the company that uses or used our services) on our website and promotional materials without a notice.

9. Violation of Our Terms

Failure to comply with the conditions stated on Article 6 and/or participation in activities that go against or are otherwise forbidden by these Terms of Service make You liable to disciplinary action and legal prosecution. The decision to initiate disciplinary action (including but not being limited to interruption of all services) falls under the discretion of Alterly.

Please report infractions to the present Terms of Service, Our Terms and Conditions or to Your local laws. To inform us of any such activities, please click here.

10. Interruption/Termination of Services

We reserve the right to immediately terminate or suspend indefinitely Our services to You, if You breach or We have reasonable grounds to believe that You are likely to breach Our Terms and Conditions. Also, We will terminate Our services to You, at Our sole discretion, if You engage in a conduct which We determine to be unacceptable.

11. Disclaimer

WE ARE NOT RESPONSIBLE FOR DAMAGES TO USERS OR TO THIRD PARTIES OR TO THEIR HARDWARE THAT OCCUR DIRECTLY, INDIRECTLY NOR ACCIDENTALLY AS A RESULT OF NOR IN CONNECTION WITH THE USE OF OUR SERVICES AND/OR PRODUCTS, INCLUDING THE DOWNLOAD OF MATERIAL THROUGH OUR SERVICES. WE ARE NOT LIABLE FOR DAMAGE TO USERS OR THIRD PARTIES AS A RESULT OF THE INABILITY TO USE OUR SERVICES AND/OR OUR WEBSITE AND/OR PRODUCTS, NOR DIRECT, INDIRECT, NOR IN CONNECTION WITH THIS EVENT. HENCE, YOUR USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF Alterly SITE, OUR SERVICES AND PRODUCTS IS DONE AT YOUR SOLE RISK AND THAT Alterly WEBSITE, SERVICES AND PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE". YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR THE AVAILABILITY AND/OR FUNCTIONALITY OF ANY THIRD PARTY'S WEBSITE AN/OR MATERIAL YOU MAY ACCESS THROUGH Alterly SITE.

11.1 Exclusion of Warranty

Alterly, its subsidiaries, and its licensors do not represent nor warrant to You that:
(a) Your use of the services and products will meet Your requirements;
(b) Your use of the services and products will be uninterrupted, timely, secure or free from error, or viruses;
(c) Any information obtained by You as a result of Your use of the services and products will be accurate or reliable;
(d) Defects in the operation or functionality of any software provided to You as part of the services will be corrected;

No advice or information, whether verbal or written, obtained by You from Alterly, through or from Our services shall create any warranty not expressly stated in the terms.

Alterly further expressly disclaims all warranties and conditions of any kind, whether expressed or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.

12. Limitation of Liability

Subject to overall provision in the Disclaimer (Article 11) above, YOU EXPRESSLY UNDERSTAND AND AGREE THAT Alterly, ITS SUBSIDIARIES AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR THE CONDITIONS STATED ON PARAGRAPHS 12.1 THROUGH 12.4

12.1 General

Any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by You, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss.

Any loss or damage which may be incurred by You, including but not limited to loss or damage as a result of:
(a) Any reliance placed by You on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between You and any advertiser or sponsor whose advertising appears on the services;
(b) Any changes which Alterly may make to the services, or for any permanent or temporary cessation in the provision of the services (or any features within the services);
(c) Deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through Your use of the services;
(d) Your failure to provide Alterly with accurate account information;
(e) Your failure to keep Your password or account details secure and confidential.

12.2 Jurisdiction

The limitations on Alterly's liability to You in paragraph 12.1 above shall apply whether or not Alterly has been advised of or should have been aware of the possibility of any such losses arising. Also, limitations which are lawful in Your jurisdiction will apply to You.

12.3 Information Provided on Alterly Sites

We are not responsible for nor We will be liable to:
(a) Materials written by Users, particularly those posted on blogs and/or forum. In addition, We do not endorse such materials and reserve the right to monitor such contributions, as well as, to respond, comment, edit, refuse to post, or remove any content from blogs and/or forum at Our absolute discretion. However, failure to remove particular material does not constitute an endorsement nor acceptance of it by Us;
(b) The accuracy, timing or reliability of any information/statement on Alterly Site, nor We will be held accountable/liable for statements, advice and/or opinions generated by Users on blogs and forum (except to the extent required by law). If You have any claim arising from the actions and/or statements of another User, You agree to pursue such a claim only against that User and not against Us;
(c) The quality, accuracy nor fitness of Alterly Site, except to what is required by law. However, We will engage in all reasonable efforts to provide Our services in the most professional manner;

13. Continuous Improvement Process

The quality of Our services and products is the main focus of Alterly attention; hence Our system is subject of a Continuous Improvement Process both on the technological and design aspects of the product.

14. Feedback

As part of Our commitment to excellence, Alterly, s.r.o. welcomes Your comments and suggestions to some or all of the conditions and policies stated on the present Terms and Conditions. In order to contribute with your comment/suggestion, contact our Customer Care department , or send an email to: support@Alterly.com