💼Terms & Conditions
Last updated: January 15, 2024
Please read these Terms of Use ("Terms") carefully before using AlpaCards, and mobile applications for Android and iOS (collectively referred to as the "Service").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.
By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Service.
We use EULA - https://www.apple.com/legal/internet-services/itunes/dev/stdeula/.
1.ACCOUNT REGISTRATION
You do not have to register an account, but if you need to access certain features of the Service, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information as needed. If you create an account on the Service, you are responsible for maintaining the security of your account and data, and you are fully responsible for all activities that occur under the account. Accounts are for individuals, not organizations, used by a single person only. You may not share your account with any other person.
2. ELIGIBILITY
The Service is intended for users over the age of 18 but is open to all ages. You must be at least 18 years of age to become a user of our service. Minors may only use the service under the supervision of an adult. By using the Service, you represent and warrant that (a) all registration information you submit (if any) is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Service does not violate any applicable law or regulation.
3. SUBSCRIPTIONS
We may offer subscription plans for access to premium features and content. By purchasing a subscription, you agree to pay the applicable fees and taxes. Subscriptions are billed in advance regularly and are non-refundable. We reserve the right to change the subscription fees at any time, and we will provide notice of any fee changes before they become effective.
If your Subscription is set to automatically renew, you must cancel at least 1 day before the expiration of the Subscription term to avoid additional charges
If you select the Two Month Plan, your subscription will automatically renew as a rolling subscription and renew at the end of each two-month period, being two months (or as near to the date as possible) from the date on which your Two Month Plan was activated. Your subscription will continue to renew in this manner until you choose to cancel it.
If you choose the Lifetime subscription, you agree to a one-time upfront payment. This payment is non-refundable and grants you lifetime access to the subscribed services without any recurring charges. By selecting the Lifetime subscription, you acknowledge and accept the terms of this one-off payment, and no further renewals will be applied. Your continued use of the service constitutes your ongoing agreement to these terms.
Your payment obligations shall be deemed fulfilled once the amount due is credited to Our account.
You retain the right to modify your subscription plan at any time by accessing the 'Account' in your Profile. This provision grants you the ability to make changes to your subscription as needed, subject to the terms and conditions outlined in our agreement.
Free Trial: Your subscription initiation may include a complimentary trial period. The duration of the free trial is as indicated at the time of subscription commencement. Free trials are non-concomitant with specific other promotional offers, as explicitly delineated. In the event that your subscription originates with a free trial, the initial billing cycle shall commence on the day following the expiration of the free trial. For instance, in the case of a 7-day free trial, the billing day will be the 8th day. However, in the event of cancellation prior to the conclusion of the free trial period, no charges will be levied.
Cancellation of Subscription: Termination of your Subscription is within your discretion and can be executed at any juncture. In the event that your Subscription is configured for automatic renewal, it is imperative that cancellation is effectuated a minimum of 1 day prior to the culmination of the Subscription term to preclude incurring supplementary charges. Full access to Subscription benefits shall persist until the specified date, subsequent to which the Subscription shall cease, and your account will undergo automatic downgrading. The cancellation process is facilitated through the designated section in your account settings.
Upon termination or expiration of a particular Subscription, You shall have no right to use Our App functionality unless You purchase a new Subscription.
With the exception of circumstances mandated by applicable law, Subscriptions acquired directly through the App are deemed non-refundable. Notwithstanding mentioned herein, there may be instances wherein we, at our discretion, may consider issuing a refund.
4. PRICES
We may change the price for Subscriptions from time to time. We may communicate any price changes to you in advance. Price changes for Subscriptions will take effect on the next renewal date following the date of the price change. As permitted by local law, you accept the new price by continuing to maintain your Subscription after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by canceling from the Subscription before the price change going into effect. Please be sure to read any such notification of price changes carefully.
5. USE LICENSE
Permission for using Services is granted to a terminable non-exclusive, non-transferable license to use Service for personal, non-commercial transitory viewing only. This license shall automatically terminate if you violate any of these restrictions and may be terminated by us at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
6. INTELLECTUAL PROPERTY
All content, features, and functionality on the Service, including but not limited to, text, images, graphics, logos, audio, video and software, are our exclusive property and its licensors and are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, or create derivative works based on the Service without our prior written consent.
7. USER CONDUCT
You agree not to use the Service in any way that is unlawful, harmful, or otherwise objectionable. This includes, but is not limited to, using the Service to harass, defame, or threaten others; uploading or transmitting viruses, malware, or other harmful files; or violating any applicable laws, regulations, or guidelines.
Except as explicitly authorized by us, you agree not to:
(i) archive, reproduce, distribute, display, moderate, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the out service;
(ii) circumvent, remove, alter, deactivate, degrade, block, obscure or thwart any of the content protections or other elements of our service, including the graphical user interface, copyright notices, and trademarks;
(iii) use any robot, spider, scraper or other automated means to access our service;
(iv) decompile, reverse engineer or disassemble any software or other products or processes accessible through our service;
(v) insert any code or product or manipulate the content of our service in any way;
(vi) use any data mining, data gathering or extraction method;
(vii) upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with our service, including any software viruses or any other computer code, files or programs.
We may terminate or restrict your use of our service if you violate these Terms and Conditions or are engaged in illegal or fraudulent use of the service.
8. TERMINATION
We may terminate or suspend your account and access to the Service at any time, without prior notice or liability, for any reason, including, without limitation, if you breach these Terms. Upon termination, your right to use the Service will immediately cease. All provisions of the Terms, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
9. ACCOUNT DELETION AND DATA RETENTION
Users have the right to delete its account at any time. Upon account deletion, all user data associated with the account will be permanently removed from our systems. It is important to note that once an account is deleted, the data cannot be recovered.
We reserve the right to delete user data, including user-generated content, if a user has no active subscription and has been inactive for an extended period of time. We will make reasonable efforts to notify the user before taking such action. This measure is taken to ensure efficient use of our resources and to maintain the performance and security of our systems.
10. DISTRIBUTION
AlpaCards mobile applications are distributed through app stores, such as Google Play Store for Android devices and Apple App Store for iOS devices. By downloading and installing the app from these app stores, you agree to comply with the respective terms and conditions, guidelines, and policies of the app stores.
11. ACKNOWLEDGEMENT
By using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use, our Privacy Policy, and any other applicable policies or guidelines. You also acknowledge that you are responsible for complying with all applicable laws, rules, and regulations in your jurisdiction while accessing or using the Service.
12. DISCLAIMER
LIMITATION OF WARRANTIES OF US, OUR SUPPLIERS AND LICENSORS. EXCEPT AS OTHERWISE EXPRESSLY STATED, ALL CONTENT POSTED TO OR AVAILABLE FROM THE SERVICE IS PROVIDED "AS IS", AND WE, OUR SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF PROPRIETARY RIGHTS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD FROM, OR OTHERWISE OBTAIN CONTENT OR SERVICES THROUGH, THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE, OUR SUPPLIERS AND LICENSORS WILL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER, PHONE, SYSTEM OR DATA THAT RESULTS FROM THE DOWNLOAD SUCH CONTENT OR THE USE OF THE SERVICE. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN NO CIRCUMSTANCE WILL WE, OUR SUBSIDIARIES, OUR SUPPLIERS OR OUR LICENSORS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF THE BASIS OR NATURE OF THE CLAIM, RESULTING FROM ANY USE OF THE SERVICE, OR THE CONTENTS THEREOF OR OF ANY HYPERLINKED WEBSITE INCLUDING WITHOUT LIMITATION ANY LOST PROFOUR, BUSINESS INTERRUPTION, LOSS OF DATA OR OTHERWISE, EVEN IF WE, OUR SUPPLIERS OR OUR LICENSORS WERE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE AGGREGATE LIABILITY FOR ANY AND ALL OF YOUR CLAIMS AGAINST WE, OUR SUPPLIERS AND OUR LICENSORS ARISING FROM, OR RELATED TO, USE OF THE SERVICE, OR THE CONTENTS THEREOF, OR OF ANY HYPERLINKED WEBSITE, EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO WE DURING THE 12-MONTH PERIOD PRIOR TO THE DATE A CLAIM IS MADE. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE PARTIES AGREE THAT THIS SECTION, SECTION 10, REPRESENTS A REASONABLE ALLOCATION OF RISK
13. INDEMNIFICATION
You agree to defend, indemnify and hold harmless us, our subsidiaries, contractors, and licensors, and their respective directors, officers, employees, and agents from and against any claims and expenses, including attorneys' fees, arising from your use of the Service, including but not limited to, any violation of any representation or warranty contained in these Terms of Service.
14. SEVERABILITY
If any part of these Terms of Service is held invalid or unenforceable, that part will be construed to reflect the drafter’s original intent, and the remaining portions will remain in full force and effect.
15. NON-WAIVER OF RIGHTS
A waiver by either party of any term or condition of these Terms of Service or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
16. ASSIGNMENT
You may assign your rights under these Terms of Service to any party that consents to and agrees to be bound by, its terms. We may assign our rights under these Terms of Service without condition. These Terms of Service will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
17. GOVERNING LAW
These Terms shall be governed and construed by the laws of the jurisdiction in which we registered, without regard to its conflict of law provisions.
18. LINKS
The Service may provide, or third parties may provide, links to other Internet websites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that the Services shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
19. CONTACT US
If you have any questions about these Terms, please contact us at support@alpacards.study.
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