You should also review our Terms of Service, found at alyte.net/terms.
We automatically collect and store information when you interact with the Services (“Usage Information”). Be default we limit Usage Information access to Alyte and its third party service providers (e.g., hosting). Usage Information includes things like:
We use Usage Information to help us learn what parts of our Websites are most popular and among which audiences. We may also use them to help us optimize our user interface, to analyze site usage statistically, to improve content, and to customize our Websites’ content and layout. In short, we use Usage Information to allow us to tailor the Websites and to meet your needs better.
We or our vendors may use a few methods to store or collect Usage Information (“Tracking Technologies”). Tracking Technologies may set and change settings on your device.
We and our vendors may also use tools like web beacons (“clear gifs”), scripts, and images to help manage site content and usage.
These technologies help us understand the performance and usefulness of content in the Services. We use these insights to improve the content, products or services offered through the Services.
Tracking Technologies used by our service providers are not covered by this policy. We don’t have control over them, but do screen them to make sure they have acceptable policies before integrating.
We get your consent to our storage and collection Tracking Technologies in several ways:
We are not required to get consent for Tracking Technology that is strictly necessary to the Services. For example, using cookies as a way to improve security through fraud prevention.
Some third parties have ways (e.g. browser do-not-track signals) for users to control how online services collect their information. We don’t currently take any action or respond based on these signals, however, this may change in the future.
5.1 All Subscription Fees are due prior to the commencement of the period for which such Subscription Fees are assessed. Unless you and we agree otherwise, charges you incur for using the Platform (excluding Subscription Fees) will be governed by the applicable price list at the time of invoicing.
5.2 You must pay all charges you incur for your use of the Platform. Charges may consist of both a committed amount as well as additional amounts, including but not limited to charges for add-on features that you order or enable, as well as charges you incur based on actual usage of the Platform (metered charges, or “overages”). You must establish a method of payment to cover charges. We may bill you directly for any additional charges. We may not require a purchase order to invoice you for charges.
5.3 All Orders are subject to these Terms of Service and are not binding until we accept them. An Order will be deemed accepted when we deliver your Login Credentials to the email address associated with the account. We are not required to provide the Platform to you until you provide to us all information we require for processing your Order and provisioning the Platform for you. All Orders are non-refundable and non-cancellable except as expressly provided in these Terms of Service.
5.4 If you pay for the Platform through a credit card, you will be subject to any additional terms presented to you by our third-party credit card payment processor, which will be the merchant of record for that transaction.
5.5 Subscription Fees are exclusive of Taxes. You must pay or reimburse us for all Taxes arising out of the transactions contemplated by these Terms of Service and your Subscription. If you are required to pay or withhold any Tax for payments due in connection with your Subscription, you must gross up your payments to us so that we receive all sums due in full and free of any deductions. If you are required to pay any Taxes to a taxing authority, you must also provide documentation to us showing that you paid those Taxes. You confirm that we can rely on the name and address you provide to us when you register for the Platform or in connection with your payment method as being the place of supply for sales tax and income tax purposes, or as being the place of supply for VAT purposes where you have established your business.
5.51 Your Subscription Term will automatically renew, and your payment account will be automatically charged at the commencement of the renewed subscription period, unless you give Alyte notice of non-renewal in accordance with Section 7.2. The Subscription Fees for any such renewal term shall be the same as that during the prior term unless Alyte has given you notice of a fee increase prior to the commencement of such renewal term, in which case the fee increase shall be effective upon renewal and thereafter. Any such fee increase pursuant to this Section 5.6 shall not exceed more than a ten (10%) percent increase from the fees for the immediately prior subscription period, unless the fees in such prior period were designated in the relevant Order as discount, multi-year, one-time or promotional pricing.
7.3.1 We may, at our option, terminate your Subscription effective immediately upon written notice to you (i) if we have the right to suspend under Section 6.1 or (ii) to comply with applicable Law.
7.3.2 Subject to Section 7.3.1, either you or we may terminate your Subscription effective immediately upon written notice to the other party if that party (a) commits a breach of these Terms of Service and fails to cure such breach within 30 days of notice of the breach, or (b) commits a material breach of these Terms of Service that cannot be cured, or (c) terminates or suspends its business.
7.3.3 If you terminate your Subscription pursuant to Section 7.3.2, we will refund any prepaid Subscription Fees prorated as of the effective date of the termination.
7.5.1 Upon termination of your Subscription for any reason: (a) you must stop using the Platform, and (b) you must return or, if we request, destroy, any Confidential Information of Alyte or our suppliers in your possession or under your control (other than information that must be retained pursuant to Law). As between you and us, you are responsible for ensuring that you have necessary copies of Your Data prior to the effective date of any termination.
7.5.2 Any provision that, by its nature and context is intended to survive termination or expiration of these Terms of Service, will survive.
7.5.3 Except to the extent you or we are permitted to terminate your Subscription pursuant to Sections 1.7 (“Modifications”), 7.3 (“Termination for Cause”), or 9.2 (“Indemnification by Alyte”), any termination of your Subscription will not entitle you to any refunds, and you will be liable for all fees incurred as of the effective termination date. If we terminate your Subscription prior to expiration of the Subscription Term for cause pursuant to Section 7.3, you will be liable for all unpaid fees due with respect to the Platform for the remainder of the then-current Subscription Term.
9.2.1 Subject to the remainder of this Section 9.2, we will: (a) defend you against any Infringement Claim; and (b) indemnify you from all fines, damages, and costs finally awarded against you by a court of competent jurisdiction or a government agency, or agreed to in settlement with regard to any Infringement Claim. The foregoing obligations are applicable only if you: (i) provide us with notice of any Infringement Claim within a reasonable period after learning of the claim (provided that any delay in providing the notice will relieve us of our indemnification obligations only to the extent that the delay prejudices us); (ii) allow us sole control over the defense of the Infringement Claim; and (iii) reasonably cooperate in response to our requests for assistance with regard to the Infringement Claim. We will not, without your prior written consent, which will not be unreasonably withheld, conditioned, or delayed, enter into any settlement of any Infringement Claim that obligates you to admit any liability or to pay any unreimbursed amounts to the claimant.
9.2.2 If the Platform becomes or in our opinion is likely to become the subject of an Infringement Claim, we will at our option and expense: (a) procure the rights necessary for you to keep using the Platform; or (b) modify or replace the Platform to make it non-infringing without materially reducing its functionality; or (c) terminate your Subscription and refund any prepaid fees, prorated for the remaining portion of the then-current Subscription Term.
9.2.3 We will have no obligation under this Section 9.2 or otherwise with respect to any Infringement Claim based on: (a) combination of the Platform with non-Alyte products or content, including any of Your Data; (b) use of the Platform for a purpose or in a manner not permitted by these Terms of Service; (c) any modification to the Platform made without our express written approval; (d) any claim that relates to open source software or freeware technology or any derivative or other adaptation thereof that is not embedded by Alyte into the Platform; or (e) your use of the Trial Service.
9.2.4 This Section 9.2 states your sole and exclusive remedy and our entire liability for any Infringement Claims.
10.3.1 Our vendors and service providers have no liability of any kind under these Terms of Service. You may not bring a claim directly against any of them under these Terms of Service.
10.3.2 You may not bring a claim under these Terms of Service more than eighteen (18) months after the cause of action arises.
Either party (the “recipient”) may use Confidential Information of the other party (the “discloser”) disclosed to it in connection with your Subscription solely to exercise its rights and perform its obligations under these Terms of Service or as otherwise permitted by these Terms of Service. You and we will each use reasonable care to protect that Confidential Information in the same manner as we each protect our own Confidential Information of a similar nature, but in any event with not less than reasonable care. The recipient may disclose the discloser’s Confidential Information only to the recipient’s employees, or to third parties, who have a need to know the Confidential Information for purposes of the these Terms of Service, and who are under a duty of confidentiality no less restrictive than as specified in this Section 11. The recipient may also disclose the discloser’s Confidential Information in accordance with the procedures set forth in Section 1.8 (“Required Disclosures”).