Almondpass Terms of Service
By using Almondpass, you agree to these terms. Please read them carefully.
These terms of Service ("Terms") govern the use of the Almondpass online sync service and all software, website or platform related (the "Services") made available or operated by Manticus Research Ltd (the "Provider", "us" or "we"). These Terms apply to all who access or use the Services.
1. Using Almondpass
1.1 Right to Use
The Provider will provide the Services, and you may access and use the Services, in accordance with these Terms. By accessing or using the Services, you represent that you are of legal age and have accepted these Terms.
1.2 Limitations on Use
By using the Services you agree not to (i) Use the Services in a way that does or attempts to abuse our networks, user accounts, or the Services; (ii) use the Services to commit fraud or impersonate any person or entity; (iii) use the Services in violation of applicable laws or regulations; (iv) store within or transmit through the Services any unlawful material; or (v) use the Services in violation of applicable laws or regulations.
1.3. Changes of Services
We reserve the right to enhance, upgrade, improve, discontinue, or modify our Services as we deem appropriate and in our discretion. We may offer additional functionality to our standard Services or premium feature improvements for an additional cost. If we discontinue Services, your subscription to that Service will be terminated and we will provide you with a pro rata refund of any unapplied, prepaid fees.
2. Fees and Payment
2.1. Fees; Payment Information
If you have purchased a paid version of the Services, you agree to provide us with accurate billing, contact, and payment information, and you agree to pay all applicable fees. All payments are final and non-refundable. We may charge any payment card on file or bill you for all amounts due for your use of the Services, including any fees or overdraft charges incurred in collecting payment, and we may take steps to update your payment card information (where permitted) to ensure that payment can be processed. Your credit card and payment information may be provided to our third-party payment processors for payment and fraud prevention, as well as export and legal compliance purposes.
2.2. Taxes and Withholding
You are responsible for all applicable sales, services, value-added, goods and services, withholding and similar taxes, tariffs, or fees imposed by any government entity or collecting agency based on the Services. In all cases, you will pay the amounts due to us in full without any right of set-off or deduction.
2.3. Non-Payment; Price Updates
We may, with notice to you, suspend or terminate the Services if you do not pay applicable fees, and you agree to reimburse us for all reasonable costs and expenses incurred in collecting any delinquent amounts. We reserve the right to update the price for access to the Services at any time after your initial subscription term, and price changes will be effective as of your next billing cycle. In accordance with applicable law, we will notify you in a timely manner of any price changes by publishing on our website, emailing, quoting, or invoicing you. Your continued use of the Service after such notification serves as your agreement to the price change.
3. Subscription and Termination
3.1. Subscription
Some Services are billed on a subscription basis, in advance and on a recurring billing cycle (which may be monthly or annual, depending on the subscription term you select). The subscription will by default renew automatically at the end of each subscription term, unless you cancel your subscription before the end of the then-current subscription term.
3.2. Termination
You may terminate your subscription at any time through our website almondpass.com. If you terminate your subscription, you will not be charged for any renewal term and you will continue to have access to the Services until the end of your then-current subscription term. We may terminate your subscription at any time for any reason, including if you violate these Terms. If we terminate your subscription, you will not be charged for any renewal term and you will continue to have access to the Services until the end of your then-current subscription term.
3.3. Effect of Termination
Upon termination of your subscription, you will no longer have access to the Services, and you will not be entitled to any refunds of any fees, pro rata or otherwise. Upon termination of your subscription, we may delete all of your data from our systems or otherwise in our possession or control, unless legally prohibited.
4. Your Account
When you use the Services, you must provide us with information that is accurate, complete, and current. You agree to safeguard the password you use to access the Services and to not disclose it to any third party. We are not responsible for any losses arising out of the unauthorized use of your account. We are not liable for any loss or damage that may incur if you fail to properly secure your master password or account. We reserve the right to refuse service or terminate accounts if you or anyone using your account use the Services in a way that is likely to cause harm to us or other users of the Services. We also reserve the right to terminate your account if we have reasonable grounds to suspect any illegal or fraudulent activity associated with your account.
NOTE THAT WE DO NOT STORE OR HAVE ACCESS TO YOUR MASTER PASSWORD AT ANY TIME. AND IF YOUR MASTER PASSWORD IS LOST OR FORGOTTEN, WE WILL NOT BE ABLE TO RECOVER YOUR DATA.
5. Compliance with Laws
You agree to comply with all applicable laws, rules and regulations including, but not limited to export, privacy, and data protection laws and regulations. You acknowledge that the Services are subject to export control and trade sanctions laws in the United Kingdom of Great Britain and Northern Ireland and other countries. You may not access, use, export, or disclose any portion of the Services in violation of applicable export control and sanctions laws. Specifically, you represent and warrant that you: (a) are not a citizen of, or located within, a country or territory that is subject to U.S. trade sanctions or other significant trade restrictions (including without limitation Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk and Luhansk regions of Ukraine) and that you will not access or use the Services, or export, re-export, divert, or transfer the Services, in or to such countries or territories; and (b) are not identified on any U.S. government lists which would prohibit you from receiving the Services. Where required by law, we will cooperate with government authorities with respect to the Services. We may immediately terminate your subscription if we have reason to believe that you have failed to comply with applicable law.
6. Disclaimer of Warranties
TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICUAR, WE DO NOT REPRESENT OR WARRANT THAT: (i) THE USE OF THE SERVICES WILL BE TIMELY, UNINTERRUPTED, OR ERROR FREE; (ii) OPERATE IN COMBINATION WITH ANY SPECIFIC HARDWARE, SOFTWARE, SYSTEM, OR DATA; (iii) THE SERVICES WILL MEET YOUR REQUIREMENTS; OR (iv) ALL ERRORS OR DEFECTS WILL BE CORRECTED. USE OF THE SERVICES IS AT YOUR SOLE RISK.
7. Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHER SUCH DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF OR RELATING TO: (i) LOSS OR CORRUPTION OF FILES OR DATA; (ii) LOSS OF INCOME; (iii) LOSS OF OPPORTUNITY; (iv) LOST PROFITS; OR (v) COSTS OF RECOVERY, HOWEVER CAUSED AND BASED ON ANY THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR VIOLATION OF STATUTE, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL CUMULATIVE LIABILITY OF MANTICUS RESEARCH LTD, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, AND AFFILIATES ARISING OUT OF THESE TERMS IS LIMITED TO DIRECT DAMAGES PROVEN UP TO THE SUM OF THE AMOUNTS PAID FOR ACCESS TO THE APPLICABLE SERVICE DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE INCIDENT GIVING RISE TO THE LIABILITY.
8. Additional Terms
8.1. Sales, Promotional Offers, Coupons and Pricing
Sales, promotions and other special discounted pricing offers are temporary and, upon the renewal of your subscription, any such discounted pricing or promotional offers may expire. We reserve the right to discontinue or modify any coupons, credits, sales, and special promotional offers in our sole discretion.
8.2. Free Services and Trials
Your right to access and use any free Services is not guaranteed for any period of time, and we reserve the right to modify or terminate your access to free Services in our discretion. If you are using the Services on a trial or promotional basis, your access will terminate at the end of the trial period or upon your conversion to a paid subscription. You may need to enter your billing information to register for a trial; and if you do, we will not charge you until the trial period has expired. At the end of the trial period, unless you have cancelled the paid subscription, you will be automatically charged the relevant subscription fees, based on the type of paid subscription selected. At any time and without notice, we reserve the right to modify the terms of the trial Service or cancel the trial period.
8.3. Third Party Services
We are not responsible for, do not endorse, and have no control over any third-party sites or services that you link to or integrate with the Services. You have sole discretion whether to purchase or connect to any third-party services and your use is governed solely by the separate terms and privacy policies for those services. We strongly advise that you read the terms and conditions and privacy policies of any such third-party sites or applications.
8.4. Beta Services
We may offer you access to beta services that are being provided prior to general release, but we do not make any guarantees that these services will be made generally available. Use of beta Services is voluntary and optional. We have no obligation to provide technical support for beta Services and may discontinue them at any time without prior notice to you. These beta Services are offered “AS-IS,” at your sole risk, and to the extent permitted by applicable law, we disclaim any liability, warranties, indemnities, and conditions, whether express, implied, statutory, or otherwise. If you are using beta Services, you may receive related correspondence and updates from us.
8.5. Security Emergencies
If we reasonably determine that the security of the Services or infrastructure may be compromised due to hacking attempts, denial of service attacks, or other malicious activities, we may temporarily suspend the Services. If we do so, we will, to the extent practicable, provide you notice, and take actions designed to promptly resolve any security issues and restore the Services.
8.6. High-Risk Use
You understand that the Services are not designed or intended for use during high-risk activities, which include but are not limited to use in hazardous environments requiring fail-safe controls, weapons systems, aircraft navigation, control, or communications systems, and/or life support systems.
8.7. Assignment
You may not assign or sublicense your rights or delegate your duties under these Terms, either in whole or in part, without our prior written consent.
8.8. Entire Agreement; Changes
These Terms are the entire agreement between you and the Provider relating to the Services and they supersede all prior or simultaneous oral and written agreements between the parties. We may update these Terms from time to time, which will be identified by the last updated date. If a revision is material, we will make reasonable efforts to provide at least thirty (30) days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. Your continued access to and use of the Services constitutes your acceptance of the then-current Terms. If you do not agree to the new terms, or any portion of the new terms, please stop using the Service.
8.9. General Terms
If any provision of these Terms is found not to be enforceable, it will not affect any other provisions. No person or entity not a party to these Terms will be a third party beneficiary. Our authorized distributors do not have the right to modify these Terms or to make commitments binding on us. Failure to enforce any right under these Terms will not waive that right. Unless otherwise specified, remedies are cumulative. These Terms may be agreed to online or executed by electronic signature and in one or more counterparts. We will not be responsible for any delay or failure to perform under these Terms due to any events or circumstances that are outside of our control or that we could not have reasonably anticipated (e.g., natural disasters; terrorist activities, activities of third-party service providers, labor disputes; acts of government, etc.).