1. Terms
The terms of this agreement ("Terms of Service" or "Agreement") govern the relationship between you and Align and applies to your access to and use of alignapp.eu website and any other mobile applications, websites and/or any services that are made available by Align on the Apple App Store, Google Play App Store, or other platforms (collectively, the "Services").
Prior to your accessing or using the Services, please read these Terms of Service and the Privacy Policy carefully. THESE ARE LEGALLY BINDING AGREEMENTS BETWEEN YOU AND ALIGN. BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICES, YOU AGREE TO THESE TERMS OF SERVICE AND PRIVACY POLICY. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, PLEASE DO NOT USE THE SERVICES OR CEASE USE OF THEM IMMEDIATELY. USE OF THE SERVICE IS VOID WHERE PROHIBITED. YOU ACKNOWLEDGE THAT THE SERVICES ARE LICENSED, NOT SOLD, TO YOU.
When you access the Services, you may be required to register an account ("Account"). By registering for an account or by using the Services in any capacity, you represent that you are at least 18 years old and you understand and agree to these Terms of Service. If you are under the age of 18 and at least 13 years old, then you represent that your parents or your legal guardian has reviewed and agreed to these Terms of Service. No one under the age of 13 may use the Services under any circumstances.
2. Changes to Terms or Services
Align reserves the right to amend, change, modify, add or remove portions of the Terms of Service and Privacy Policy at any time, at its sole discretion, by posting the updated version on its website and within the mobile applications. You will be deemed to have accepted such changes by continuing to use any of the Services. If at any point you do not agree to any portion of the current version of the Terms of Service, the Privacy Policy or any other Align policy, rules or codes of conduct relating to your use of the Services, then you must cease your use of the Services, and your license to use the Services will be immediately terminated.
For your convenience, the date of last revision is included at the top of this page. Align may make changes to the Services at any time or discontinue your access to the Services at any time without warning and without a refund of any kind. You understand and hereby agree that Align may discontinue or restrict your use of the Services for any reason and without notice or compensation.
3. License
3.1. Grant of a Limited License to Use the Services
The Services are available for use only by authorized end users in accordance with the terms and conditions set forth in this Agreement. Align grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your individual, non-commercial entertainment purposes. Except as may be expressly permitted by Align, you may not sell, copy, exchange, transfer, publish, assign or otherwise distribute anything you copy or derive from the Service.
You shall not create an Account or access the Services if you are under the age of 13; you shall restrict use by minors; and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Services by minors and are responsible for any use of your credit card or other payment instrument by minors.
3.2. Conditions of License
You acknowledge and agree that you shall not, under any circumstances: name your Account or adopt a username in the Services with the intent to impersonate another individual or entity; sell, rent or give away your Account, create an Account using a false identity or information; use the Services if you have previously been removed by Align or previously been banned from using any of the Services; use your Account or Align's Services for commercial purposes; engage in any act that Align deems to be in conflict with the spirit or intent of the Services; post, upload, publish, submit or transmit any content that infringes intellectual property rights, violates laws, or is fraudulent, false, misleading or deceptive; attempt to probe, scan or test the vulnerability of any Align system or network or breach any security measures; use emulators, cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Services; attempt to gain unauthorized access to the Services or Accounts registered to others; send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, or other form of solicitation; engage in abusive, threatening, obscene, defamatory, libelous, or otherwise objectionable or offensive acts; engage in acts or attempts to abuse, harm, harass another person, group, or Align employees.
Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Align reserves the right to determine whether one's conduct violates this Agreement and to take any action it deems appropriate as a result.
3.3. Login Information and Your Account
To access the Services, you may need to create a user Account, and you will be required to select a password ("Login Information"). You are responsible for all transactions in your Account, including the use of your credit card and other payment systems. Align strongly encourages you to keep your password safe and never to give your Account information to anyone else.
3.4. Suspension and Termination of Services
Without limitation to any other remedies, Align may delete, suspend, terminate, limit or modify accounts or access to the services if Align suspects or if you have failed to comply with any of the Terms of Service, for any suspected or actual illegal activity, improper use of the Services, with or without any notice to you. Such actions may result in the loss of your account, information, and in-app purchases. Align is not and will not be held responsible for any losses incurred, and is under no obligation to compensate you for any of this.
4. Ownership and User Content
4.1. Applications and Services
All rights, title and interest in and to the Services (including, without limitation, any applications, content, code, themes, objects, characters, stories, concepts, artwork, animations, sounds, musical compositions, documentation, methods of operation, and virtual items) are owned solely by Align. Align reserves all rights, including all intellectual property rights or other proprietary rights in connection with its applications and the Services.
4.2. User Content
"User Content" means any communications, images and sounds and all the material, data and information that you upload or transmit through the Services. You hereby grant to Align a non-exclusive, perpetual, irrevocable, sub-licensable, transferable, worldwide, paid-up right to reproduce, adapt, modify, translate, create derivative works from, publish, distribute, and use such User Content.
Align reserves the right in its sole discretion to monitor, review, edit, delete and/or disable access to any User Content without notice for any reason or for no reason at any time. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content.
4.3. User Interactions
You are solely responsible for your interactions with other users of the Services. Align reserves the right, but has no obligation, to become involved in any way with these disputes. If you have a dispute with one or more users, you release Align (and Align's officers, directors, agents, and employees) from claims, demands and damages of every kind arising out of or in any way connected with such disputes.
5. Fees and Purchase Terms
5.1. Subscriptions and Virtual Items
You may purchase subscriptions or virtual items within the Services for your personal and non-commercial entertainment. Align has the absolute right to manage, regulate, control, modify or eliminate such items and may revoke your access to them at any time and for any reason. You have no claim, right, title, or ownership interest in any purchases regardless of any consideration paid.
5.2. Refunds and Return Policy
All sales through the Service are final. You acknowledge and agree that any applicable fees and charges are not refundable in whole or in part. Align does not issue any refunds or offer any exchanges of any products purchased on or through the Services, except as required by applicable law.
YOU WILL NOT BE REFUNDED, RECEIVE MONEY, OR BE OTHERWISE COMPENSATED FOR UNUSED ITEMS WHEN THE SERVICES ARE TERMINATED FOR ANY REASON OR AN ACCOUNT IS CLOSED, WHETHER VOLUNTARY OR INVOLUNTARY.
6. Updates to the Services
You acknowledge and agree that Align may update the Services and the applications you have installed with or without notifying you.
7. Third-party Services
The Services may include links to Third-party services and/or Third-party services may be made available to you via the Services. You acknowledge and agree that Third-party services are subject to respective Third-party terms and conditions.
8. Feedback
Align welcomes feedback, comments and suggestions for improvements to the Services ("Feedback"). You can submit Feedback by emailing us at alignappeu@gmail.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully paid, royalty-free, sub-licensable and transferable license to use, copy, modify, and otherwise exploit the Feedback for any purpose.
9. Warranty Disclaimers
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ALIGN DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALIGN SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SERVICES, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY. ALIGN SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO ALIGN IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for certain types of damages. Accordingly, some of these disclaimers and limitations may not apply to you.
11. Indemnity
You agree to indemnify, defend and hold Align harmless from any claim, demand, damages or other losses, including reasonable attorneys' fees, asserted by any Third Party resulting from or arising out of any breach by you of this Terms of Service. Align reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Align.
12. Dispute Resolution and Applicable Law
If a dispute arises between you and Align, we strongly encourage you to first contact Align directly to seek a resolution by contacting us at alignappeu@gmail.com.
You agree that all disputes between you and Align shall be governed by applicable law without regard to conflict of law provisions, and you agree to submit to the jurisdiction of the appropriate court.
13. No Class Actions
You and Align can only bring a claim against each other on an individual basis. BY AGREEING TO THESE TERMS OF SERVICE, YOU WAIVE THE RIGHT TO A CLASS ACTION AND CAN ONLY BRING CLAIMS AGAINST ALIGN IN YOUR INDIVIDUAL CAPACITY.
14. Severability
If any portion of these Terms of Service is found illegal or unenforceable, such provision shall be ineffective solely to the extent of such determination without affecting the validity of the remaining provisions.
15. Assignment
Align may assign or delegate these Terms of Service, in whole or in part, to any person or entity at any time. You may not assign or delegate any rights or obligations under the Terms of Service without Align's prior written consent.
16. Entire Agreement
The Terms of Service and Privacy Policy contain the entire understanding between you and Align and supersede all prior understandings relating to the subject matter hereof.
17. Notices
Align may notify you via postings on alignapp.eu, in the applications, and via email. All notices given by you or required from you under these Terms of Service will be sent to alignappeu@gmail.com and will include your full name and a detailed description of why you are contacting Align.
18. Contact Information
If you have any questions about these Terms of Service, please contact us at alignappeu@gmail.com.