Last updated: August 4th, 2020
By accepting to use the Aloha Profile, you as the "USER" are hereby explicitly agreeing and consenting to be bound by these terms and conditions, as these are listed below. We will only be making Aloha Profile and its services available to you if you accept the terms and conditions of this agreement.
The Terms and Conditions are as follows:
This Agreement is between you (the "User") and ALOHA MOBILE LTD ("US, WE"), alimited liability company registered in the Republic of Cyprus with registration number HE352095 and having its registered office located at: 132 Arch. Makariou III, Sagro Building, 3021 Limassol, Cyprus.
This Agreement regulates your use of the Aloha Profile ("Service") provided to you by Us including any new updates and/or upgrades that might be released in respect to the Service from time to time by Us.
"User": You, being a natural or a legal person over the age of 18+ who opts to become an Aloha Profile User;
"Service": Means the Aloha Profile service, which allows you to create an Aloha Profile, by signing up to the Aloha Profile Service using your e-mail and a unique identifier, which will allow you to synchronize your Aloha Profile on all of your devices;
"Use": means to make use of the Aloha Profile Service.
Subject to these terms and conditions, we hereby grant you a limited, non-exclusive, not-transferable license to use our Aloha Profile Service across your handheld and desktop devices. Such a license cannot be sub-licensed by you.
You hereby undertake not to do and not to allow any third party to:
We reserve the right at any time and from time to time to alter, suspendor terminate either on a temporary or on a permanent basis the Service (or part thereof). You hereby agree and acknowledge that we are not liable to you or to any third party for any alteration, suspension or termination of the Service.
You hereby acknowledge and agree that our Aloha Profile Service including any sequences, structure, organization, source code and applicable documentation contains valuable trade secrets and other intellectual property belonging to us. These proprietary rights are considered as confidential information, which are licensed for you to use but are not sold to you. No title or ownership to such as well as any intellectual property and/or proprietary rights embodied there in passes on to you or any third party as a result of this Agreement or any act pursuant to this Agreement. Our Services and all intellectual and proprietary rights embedded there in are considered exclusive property belonging to Us. Any and all rights not expressly granted to you by virtue of this Agreement are reserved by us. Weare the owners of all Our Proprietary rights. Nothing contained in this Agreement can be deemed to grant you either by implication, estoppel and/or otherwise any license to any of our currently existing and/or future patents, except insofar as necessary for you to use our Services expressly permitted under the terms of this Agreement.
The term of this Agreement commences upon you accepting to use the Aloha Profile service, and unless terminated as stated in this Sections 9, shall continue for an indefinite period. This Agreement will be considered as immediately terminated if you are in breach of the terms of this Agreement unless and if you can remedy the breach immediately after we provide you with a notice of the breach. This Agreement will also be considered as immediately terminated if you opt to erase your Aloha Profile account. When this Agreement is considered as terminated, you will need to immediately stop using our service without delay. Sections 1, 5, 7, 8, 9, 10, 11, 12, 13, and 14 of this present agreement shall survive such termination.
Our Service is provided to you on an "as is "basis"". Pursuantly all warranties and/or conditions either expressed and/or implied and/or statutory, including but not limited to implied warranties as to title, non-infringement, merchantability, fit-for-purpose or use, accuracy or completeness, of satisfactory quality and quiet enjoyment, or any other warranties and/or conditions resulting from statute, operation of the rule of law, course of dealing with, usage of trade and/or otherwise are hereby disclaimed. Certain jurisdictions might not allow such limitation and/or exclusion of implied warranties, so the above may not apply to you. We do not warrant that use of our service will be without interruption or error or that that our service does not contain any viruses. This present warranty disclaimer constitutes an integral part of this Agreement between us. It would make it impossible for us to offer our product and/or services in the absence of such disclaimer. There are no representations and/or warranties made by any of our suppliers under this or by virtue of this Agreement.
We cannot be held liable whatsoever for any kind of special, incidental, consequential or indirect damages (including but not limited to damages for interruption of business, data loss, loss of profits and/or similar) irrespective of the form ofaction, be it in contract, tort (including but not limited to a claim of negligence), strict productliability and/or otherwise, even if you think that the claiming of such damages is possible. In any case, our cumulative liability arising out of or in relation to this Agreement shall in no event exceed the amount of 50 EUROS. In no event will any of our suppliers have any liability towards you under this Agreement. This limitation of liability clause forms an integral part of this Agreement. We would not be able to offer our products and/or services in the absence of such limitation.
All notices required to be given under the terms of this Agreement will be as follows: (a) If to us, via e-mail to the following e-mail address: email@example.com. Such a notice will be considered as delivered as soon as it will be received by us; and (b) If toyou, via e-mail to the address which you have provided when signing up for the Service. Such a notice will be considered as delivered upon either (i) 24 hours after sending or (ii) when you will be in actual receipt.
You hereby accept and acknowledge that our Service contain valuable trade secrets, confidential information and proprietary information belonging to us. You further accept and acknowledge that any actual or threatened breach or violation of Sections 4 and/or 5 of this Agreement shall cause immediate and irreversible harm and damage to us for which monetary compensation might not be an adequate remedy, and that therefore we might seek injunctive relief as an appropriate remedy for any such breach or violation.
You hereby accept and acknowledge that our service may contain cryptographic functionality. The export of such is restricted under applicable export control laws. You hereby agree to comply with all applicable laws, rules and regulations during your activities covered by this Agreement. You should not export and/or re-export our service in violation of such laws, rules and regulations without prior obtaining all necessary licenses andauthorizations. This Agreement will be governed by the laws of the Republic of Cyprus without giving effect to any conflicts of law principles that may require the application of the laws of a different country. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions of this Agreement shall not be affected or impaired thereby. You may not assign or transfer this Agreement without our prior written consent. Any such assignment without our prior written consent shall be null and void.
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