Welcome to Aluura, a web-based information management tool. The following terms and conditions govern all use of the Aluura.com website (“Site”) and all content, services and products available at or through Aluura.com (taken together, the Service). The Service is owned and operated by Aluura, LLC ("Aluura"). The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Aluura’s Privacy Policy) and procedures that may be published from time to time on this Site by Aluura (collectively, the “Agreement”).
By accessing or using any part of the Service, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use the Service. If these terms and conditions are considered an offer by Aluura, acceptance is expressly limited to these terms.
The Service is a web-based tool that allows users to create, edit, and share data on Aluura.com. The Service is available only to individuals who are at least 18 years old. In order to use the Service, you must obtain access to the Internet, and you are responsible for obtaining and paying for any equipment or services necessary for such access. You agree only to access the Service in ways provided by Aluura for accessing the Service. Aluura reserves the right to modify or discontinue the Service at any time for any reason. Aluura shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
To create an account with the Service, you must provide Aluura with a user ID, a valid email address and a password for your account. You are responsible for maintaining (a) true, current and complete information about yourself on the registration form and (b) the security of your account with the Service, and you are fully responsible for all materials and information that you upload, post or otherwise transmit via the Service with your account. Only you may use your Aluura account and you are responsible for your account. If you become aware of any unauthorized use of the Services or your account, or have any questions about your acount, please contact our Support team via help@aluura.com. Aluura will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
You get to choose what email address(es) you register for an account. Please be aware, however, that if the domain of the email address associated with your account is owned or controlled by an organization (such as your work or school) and that organization establishes a direct relationship with us and wishes to add your account to such relationship, then you may be rolled into that organization’s account after notification. Following that notice, if you choose not to change the email address associated with your account, your account will be controlled by the organization.
If an organization provided you with your account (e.g., an employer or school), you understand that this organization has rights to your account and may: (a) manage your account (including suspending or canceling); (b) reset your password; (c) view your usage and profile data, including how and when your account is used; and (d) manage the Content in your account.
By registering with Aluura or signing up for Services, you understand that we may send you (including via email) information regarding the Services, such as: (a) notices about your use of the Services, including notices of violations of use; (b) updates to the Services and new features or products; and (c) promotional information and materials regarding Aluura's products and services. Please review your settings in your account to control the messages you receive from us or unsubscribe by following the instructions in the message.
Notices emailed to you will be considered given and received when the email is sent. If you don't consent to receive notices (other than promotional materials) electronically, you must stop using the Services.
If you create an account, upload material to the Service, share material using the Service, or otherwise make (or allow any third party to make) material available by means of the Service (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. By making Content available, you represent and warrant that:
You agree to provide Aluura (as well as agents or service providers acting on Aluura’s behalf to provide the Services) the right to transmit, process, use and disclose Content and other information which we may obtain as part of your use of the Services but only: (i) as necessary for us to provide the Services, (ii) as otherwise permitted by these Terms, (iii) as otherwise required by law, regulation or order, or (iv) to respond to an emergency.
Aluura does not claim ownership over any Content you upload to the Service. Aluura is not responsible for your Content or for its use or effects.
By operating the Service, Aluura does not represent or imply that it endorses the Content created or shared by users of the Service, or that it believes such Content to be accurate, useful or non-harmful. The Service may also contain Content uploaded by others that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Aluura disclaims any responsibility for any harm resulting from the use by visitors of the Service (e.g. visitors who do not have an account but are viewing a shared project).
During your use of the Services, Aluura may share with you information that is confidential, sensitive or should be kept secret. For example, if we tell you about our product roadmaps, product designs and architecture, technology and technical information, provide you with security audit reviews, business and marketing plans, or share with you our business processes, these should always be considered confidential to Aluura.
Similarly, we agree that your Content, credit card/banking information and information contained in your account is confidential to you.
Also, if either of us provide any documents to the other that are labeled “confidential” (or something similar), or provide information (either in writing or verbal) that is of a type that a reasonable person should understand to be confidential such information is to be treated as confidential information.
However, if you tell us information that: (a) we already know at the time you tell us; (b) was told to us by a third party who had the right to tell us; (c) is generally available to the public; or (d) was independently developed by us without using any of your confidential information, then that information will not be considered confidential. The same goes for information that we tell you that falls into any of these categories.
Lastly, we both agree that: (i) we will treat each other’s information with the same degree of care that we treat our own confidential information; (ii) will use each other’s confidential information only in connection with these Terms and the Services; (iii) only share the information with others who have a need to know and who have agreed in writing to treat it as confidential (as we’ve outlined in this section); and (iv) not share the information with any third party except as allowed in these Terms or through the Services. Of course, confidential information will always remain the property of its owner.
The Services are provided from the United States. By using and accessing the Services, you understand and agree to the storage of Content and any other personal information in the United States. However, you understand that you (or other people that you collaborate with) can access the Services (including Content) from outside of the United States (subject to applicable law) and that nothing prohibits the processing of other information outside of the United States.
You agree you will not, nor will you encourage others or assists others, harm the Services or use the Services to harm others. For example, you must not use the Services to harm, threaten, or harass another person, organization or Aluura and/or to build a similar service or website. You must not: (a) damage, disable, overburden, or impair the Service (or any network connected to the Services); (b) resell or redistribute the Services or any part of it; (c) use any unauthorized means to modify, reroute, or gain access to the Services or attempt to carry out these activities; (d) use any automated process or service (such as a bot, a spider, or periodic caching of information stored by Aluura) to access or use the Services; (e) use the Services beyond the features allocation and amounts provided in that Service or in violation of our fair use policy; (f) use the Services to violate any law of distribute malware or malicious Content; or (g) distribute, post, share information or Content you don’t have the right to or is illegal.
As part of our efforts to protect the Service, protect our customers, or to stop you from breaching these Terms we retain the right to block or otherwise prevent delivery of any type of file, email or other communication to or from the Services.
We also reserve the right to deactivate, change and/or require you to change your Aluura user ID and any custom or vanity URLs, custom links, or vanity domains you may obtain through the Services.
You can sign-up for a trial for some of the Services and your trial period starts on the day you create the trial account and lasts for 14 days. If you are on a trial, you may cancel at any time until the last day of your trial. If you do not wish to incur charges, you must cancel the account by the end of the 14th day. If you do not cancel your account and we have told you the account will converted to a paid subscription at the end of the trial period, then you authorize us to charge your credit card for that specific Service. You may, however, cancel your subscription before the next billing cycle in accordance with these Terms, but no credits or refunds will be available.
Aluura offers both free and paid Services. If you choose to subscribe to a paid Service, you agree to pay the fees ("Fees") as quoted to you when you purchase that Service. We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase. You are responsible for all charges related to using the purchased Service (for example, data charges and currency exchange settlements). You will pay the Fees in the currency Aluura quoted at the time of purchase. Aluura reserves the right to change the eligible currencies at any time. Aluura reserves the right to change its prices at any time, however, if we have offered a specific duration and Fee for your use of the Service, we agree that the Fee will remain in force for that duration. After the offer period ends, your use of the Service will be charged at the then-current Fee(s). If you don't agree to these changes, you must stop using the Service and cancel via email to help@aluura.com (with cancellation confirmation from a Aluura representative). If you cancel, your Service ends at the end of your current Service period or payment period, and no refunds for previously paid services will be issued. If you do not cancel in accordance with these Terms, the subscription for the Service will automatically renew at the then-current price and for the same subscription period. We will charge your credit card on file with us on the first day of the renewal of the subscription period.
Optional subscription plans are available on the Service. By subscribing to a plan, you agree to pay Aluura the monthly or annual subscription fees indicated for that plan. You will be charged on or about the same day you sign up for a plan and will cover the use of that service for a monthly or annual period, as indicated by the plan.
The subscription period for the monthly subscription plan will automatically renew unless you cancel your monthly subscription plan at least three business days prior to the renewal date.
The subscription period for the annual subscription plan will automatically renew each year on the anniversary unless you cancel at least three business days prior to your renewal date. Under the annual subscription plan, you will not be permitted to cancel, reduce the number of seats, or downgrade the Aluura Service plan you have selected until the anniversary date. Be aware that you are committing to a one-year plan. If you are not certain, we recommend choosing the monthly subscription plan.
Premium service fees are not refundable.
Aluura expressly reserves the right to change or modify its prices and fees at any time with 30 days' notice. Your continued use of the Service after any price change indicates your agreement with the new fees and charges after the effective date of the change.
If you select a paid Service, you must provide us with current, complete, accurate and authorized payment method information (e.g. credit card information). You authorize us to charge your provided payment method for the Services you have selected and for any paid feature(s) that you choose. We may bill: (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) if you have elected a subscription service, on a recurring basis. To the extent Aluura has not received your payment, in order to bring your account up to date, we may bill you simultaneously for both past due and current amounts. If you do not cancel your account, we may automatically renew your Service(s) and charge you for any renewal term. You understand that failure to pay any charges or fees may result in the suspension or cancellation of your Services.
Aluura does not claim ownership over any Content you upload to the Service. All Content you create or upload using the Service is yours, but you understand that your Content is viewable by any others who may visit your project’s unique URL provided for sharing purposes by the Service.
You agree that Aluura owns the intellectual property rights to the Service and any software connected with the Service along with any protectable components of the Service. This Agreement does not transfer from Aluura to you any Aluura or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Aluura. You agree not to duplicate, modify, copy, rent, lease, loan, adapt, reproduce, resell, or create derivative works based on any component of the Service without express written permission by Aluura.
This Agreement does not transfer to you the right or license to reproduce or otherwise use trademarks, service marks, graphics, domain names, or logos associated with Aluura, Aluura.com, Aluura’s brand, or the Service. Other trademarks, service marks, graphics and logos used in connection with the Service may be the trademarks of other third parties. Your use of the Service grants you no right or license to reproduce or otherwise use these third-party trademarks.
Aluura reserves the right, at its sole discretion, to modify or replace any part of this Agreement. We will post the most current version of these Terms at www.aluura.com. If we make any material changes to this Terms, we will notify you via the Services and/or by email to the address associated with your account. If you do not accept the changes, you must stop using and cancel your account by emailing help@aluura.com. Your continued use of our Services after we publish or send a notice about our changes to these Terms means that you are consenting to the updated terms.
Aluura may terminate your access to all or any part of the Service, including but not limited to any Content within the Service, at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Aluura account (if you have one), you may simply discontinue using the Service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
The Service is provided “as is”. Aluura and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Aluura nor its suppliers and licensors, makes any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you obtain content or services through the Service at your own discretion and risk.
In no event will Aluura, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Aluura under this agreement during the twelve (12) month period prior to the cause of action. Aluura shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You represent and warrant that (i) your use of the Service will be in strict accordance with the Aluura Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Service will not infringe or misappropriate the intellectual property rights of any third party.
You agree to indemnify and hold harmless Aluura, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Service, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between you and Aluura concerning your use of the Service and may only be modified by a written amendment signed by an authorized executive of Aluura, or by the posting by Aluura of a revised version. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Aluura may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.