Please read these terms carefully before using our services.
1.1. Scope. These License Terms and Conditions are entered into by and between Customer and GenX LLC via theALITA ("theALITA", "we", or "us"). The following terms and conditions govern (i) Customer's access to and use of www.theALITA.com and the content offered on or through the Website, and (ii) Customer's use of theALITA's proprietary hosted service database product and/or application programming interface offerings (the "Subscription Services") and all associated documentation (the "Product").
1.2. Eligibility. This Website, Subscription Services, and the Product are offered to users who are 18 years of age or older. By using the Website, Subscription Services, and/or the Product, Customer represents and agrees that Customer is at least 18 years of age.
1.3. Binding. By using the Website, Subscription Services, or the Product, or clicking "I Agree", Customer accepts and agrees to be bound by these License Terms and our Privacy Policy. We may make changes to these License Terms at any time by posting updated terms on the Website.
2.1. Ownership. The Website and all of its content, features, and functionality are owned by theALITA, its licensors, or other providers. All content is protected by copyright, trademark, patent, trade secret, and other intellectual property laws.
2.2. Use of Website. These License Terms allow Customer to use the Website for personal, non-commercial use only. Customer must not reproduce, distribute, modify, or create derivative works of any material on the Website.
2.3. Jurisdiction. theALITA is based in the United States. Access to the Website from outside the United States is at Customer's own initiative and Customer is responsible for compliance with local laws.
2.4. Access Credentials. Customer must treat login credentials as confidential and must not disclose them to any other person. Customer agrees to notify us immediately of any unauthorized access.
3.1. License. Subject to compliance with these terms, we grant Customer a non-exclusive, non-transferable license to access and use the Product during the applicable Subscription Term, solely for internal business use.
3.2. Subscription Term. Customer's Subscription Plan will automatically renew unless Customer cancels at least sixty (60) days in advance of the renewal date.
3.3. Restrictions. Customer shall not reverse engineer, reproduce, sublicense, or disclose benchmarking results of the Product without prior written permission.
3.4. Fees. All Subscription Plans are billed in advance. All payments are non-refundable and non-transferable. We reserve the right to change pricing terms at any time with notice.
3.5. Data Provisions. Customer shall not use the Data for illegal activities, credit granting, collections, insurance underwriting, or any purpose covered by the FCRA.
Customer may terminate the account at any time by sending a cancellation request to hi@theALITA.com. All Fees paid are non-refundable. theALITA may terminate with sixty (60) days' notice or ten (10) days' notice in case of breach.
Upon termination, Customer's rights to use the Product and Data shall terminate. Customer shall destroy all Data within seven (7) days.
Customer must comply with all applicable laws including CAN-SPAM Act, TCPA, GDPR, and CCPA. Customer agrees to indemnify and hold theALITA harmless against any losses from violations.
The Product is provided "as is" without warranties of any kind. theALITA shall not be liable for any indirect, incidental, consequential, or punitive damages.
Aggregate liability shall not exceed the greater of $100 or the total amounts paid in the twelve (12) months preceding the claim.
All disputes shall be governed by the laws of the State of California. Disputes shall be resolved through binding arbitration conducted by JAMS in Los Angeles County, California. Class action proceedings are waived.
Questions about these terms? Contact us at hi@theALITA.com