Terms of Use

Alline, Inc.

Last Modified:  May 4, 2025
These Terms of Service (this “Agreement”) are a binding contract between you (“Customer”) and Alline, Inc. (“Alline,” “we,” or “us”). This Agreement governs your access to and use of the Services.
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT AND A CLASS ACTION/JURY TRIAL WAIVER THAT REQUIRE, UNLESS YOU OPT OUT PURSUANT TO THE INSTRUCTIONS IN SECTION 12(B), THE EXCLUSIVE USE OF FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES BETWEEN YOU AND US, INCLUDING ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE YOU AGREED TO THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS, AS WELL AS YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION OR PROCEEDING.
THIS AGREEMENT TAKES EFFECT WHEN YOU CLICK “I ACCEPT” OR BY ACCESSING OR USING THE SERVICES (THE “EFFECTIVE DATE”). BY CLICKING ON “I ACCEPT” OR BY ACCESSING OR USING THE SERVICES YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO THIS AGREEMENT AND, IF ENTERING INTO THIS AGREEMENT FOR AN ORGANIZATION, THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THAT ORGANIZATION; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS.
IF YOU DO NOT AGREE TO THESE TERMS PLEASE DO NOT ACCESS OR USE THE SERVICES.

  1. Definitions

“Aggregated Statistics” means data and information related to Customer’s use of the Services to be used by Alline in an aggregated and anonymized manner, including to compile statistical and performance information related to the provision and operation of the Services.
“Arbitration Agreement” means the mandatory individual arbitration provision in Section 12(b).
“Class Action/Jury Trial Waiver” means the class action/jury trial waiver provision in Section 12(c).
“Confidential Information” means information about either party’s business affairs, products, confidential intellectual property, trade secrets, third-party confidential information, and other sensitive or proprietary information, whether orally or in written, electronic, or other form or media/in written or electronic form or media, whether or not marked, designated, or otherwise identified as “confidential” at the time of disclosure. Confidential Information does not include information that, at the time of disclosure is: (a) in the public domain; (b) known to the receiving party; (c) rightfully obtained by the receiving party on a non-confidential basis from a third party; or (d) independently developed by the receiving party.
“Customer” or “you” means the individual or entity using the Service.
“Customer Account” or “User Account” means your account on the Services.
“Customer Property” means (i) the Input, (ii) the Output, and (iii) any other content (including text, images, illustrations, charts, tables, and other materials), materials or data supplied by Customer to Alline, either directly through the Service or indirectly through the integration with a Third-Party Product, for processing on Customer’s behalf.
“Documentation” means Alline’s user manuals, handbooks, guides, FAQs, instructional videos, relating to the Services provided by Alline to Customer electronically and relating to the Services available at www.Allinekey.com.
“Feedback” means any communications or materials sent to us by mail, email, telephone, or otherwise, suggesting or recommending changes to the Services, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, ideas, or the like, about the Services.
“Input” means the information you input into the Services to which you own or have permission to use the Intellectual Property Rights therein. For the avoidance of doubt, Input shall not be deemed to include any Alline Property.
“Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
“Alline Property” means (i) the Services, (ii) the Documentation, and (iii) all content and other materials and software supplied by Alline in connection with, or used by Alline in providing, any Services. For the avoidance of doubt, Alline Property shall not be deemed to include the Output. For the avoidance of doubt, Alline Property includes Aggregated Statistics and any information, data, or other content derived from Alline’s monitoring of your access to or use of the Services, but does not include Customer Property.
“Output” means the original output generated and returned by the Services to you based on the Input, with the exception of any logos or trademarks owned by Alline.
“Privacy Policy” means the privacy policy, available at https://allinekey.com/privacy-policy/.
“Services” means the online and/or mobile services, web site, and software provided on or in connection with the service provided by Alline under this Agreement and as detailed on Alline’s website at www.Allinekey.com.
“Term” means the term of this Agreement, which will commence on the Effective Date and continue for the period of Customer’s active subscription to the Services.
“Third-Party Products” means any products, content, services, information, websites, or other materials that are owned by third parties and are incorporated into or accessible through the Services.
“User” or “Users” means all visitors, customers, and others who access the Services.

  1. Access and Use

(a) Eligibility. This is a contract between you and Alline. You must read and agree to this Agreement before using the Services. If you do not agree, you may not use the Services. You may use the Services only if you can form a binding contract with Alline, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Services by anyone under 16 years old is strictly prohibited and in violation of this Agreement. The Services are not available to any Users previously removed from the Services by Alline.
(b) Provision of Access. Subject to and conditioned on your compliance with all the terms and conditions of this Agreement, Alline hereby grants you a revocable, non-exclusive, non-transferable, non-sublicensable, limited right to access and use the Services during the Term. Access to the Services requires payment of Fees unless otherwise stated in writing by Alline. Alline will provide the necessary passwords and access credentials for you to access the applicable portions of the Services.
(c) Documentation License. Subject to the terms and conditions contained in this Agreement, Alline hereby grants you a non-exclusive, non-sublicensable, non-transferable license for to use the Documentation during the Term solely for your internal business purposes in connection with use of the Services.
(d) Accounts. Your Customer Account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. If you open an account on behalf of a company, organization, or other entity, then “you” includes you and that entity. By connecting to Alline with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
When creating your User Account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your User Account, including maintaining the confidentiality of your account credentials and restricting access to your account. If Alline detects unauthorized access or fraudulent activity, we reserve the right to suspend or limit access to your account pending investigation. We strongly recommend using “strong” passwords with a combination of upper- and lower-case letters, numbers and symbols. You must notify Alline immediately of any breach of security or unauthorized use of your User Account. Alline will not be liable for any losses caused by any unauthorized use of your User Account. 

By providing Alline your email address you consent to our using the email address to send you Services-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Services and special offers. If you do not want to receive such email messages, you may opt out via the email that you receive. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
(e) Use Restrictions (Fair Use Policy). You shall not engage in any of the following prohibited activities:
(i) copying, distributing, selling, reselling, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”;
(ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Services in a manner that sends more request messages to the Alline servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Alline grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from the Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);
(iii) transmitting spam, chain letters, or other unsolicited email;
(iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services;
(v) uploading invalid data, viruses, worms, or other software agents through the Services;
(vi) collecting or harvesting any personally identifiable information or other personal information, including account names, from the Services;
(vii) using the Services for any unlawful commercial solicitation purposes;
(viii) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
(ix) interfering with the proper working of the Services;
(x) accessing any content on the Services through any technology or means other than those provided or authorized by the Services; or
(xi) bypassing the measures we may use to prevent or restrict access to the Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein.
(f) Aggregated Statistics. Notwithstanding anything to the contrary in this Agreement, Alline may monitor Customer’s use of the Services and collect and compile Aggregated Statistics. As between Alline and Customer, all right, title, and interest in Aggregated Statistics, and all intellectual property rights therein, belong to and are retained solely by Alline. You acknowledge that Alline may compile Aggregated Statistics based on Customer Property input into the Services. You agree that Alline may (i) make Aggregated Statistics publicly available in compliance with applicable law, and (ii) use Aggregated Statistics to the extent and in the manner permitted under applicable law; provided that such Aggregated Statistics do not identify Customer or Customer’s Confidential Information.
(g) Reservation of Rights. Alline reserves all rights not expressly granted to Customer in this Agreement. Except for the limited rights and licenses expressly granted under this Agreement, nothing in this Agreement grants, by implication, waiver, estoppel, or otherwise, to Customer or any third party, any intellectual property rights or other right, title, or interest in or to the Alline Property.
(h) Suspension. Notwithstanding anything to the contrary in this Agreement, Alline may, in its sole discretion and without notice, temporarily suspend or permanently terminate Customer’s access to any portion or all of the Services for no reason or for any reason, including but not limited to if: (i) Alline reasonably determines that (A) there is a threat or attack on any of the Alline Property; (B) Customer’s use of the Alline Property disrupts or poses a security risk to the Alline Property or to any other customer or vendor of Alline; (C) Customer is using the Alline Property for fraudulent or illegal activities; (D) subject to applicable law, Customer has ceased to continue its business in the ordinary course, made an assignment for the benefit of creditors or similar disposition of its assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution, or similar proceeding; or (E) Alline’s provision of the Services to Customer is prohibited by applicable law; (ii) any vendor of Alline has suspended or terminated Alline’s access to or use of any third-party services or products required to enable Customer to access the Services; or (iii) in accordance with Section 5.
(i) Changes to the Services. We may, without prior notice, change the Services; stop providing the Services or features of the Services, to you or to Users generally; or create usage limits for the Services. We may permanently or temporarily terminate or suspend your access to the Services without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.

  1. Intellectual Property Rights

(a) Customer Property. We claim no ownership rights over Customer Property. The Customer Property remains yours.
Alline has the right (but not the obligation) in its sole discretion to remove any Customer Property that is processed via the Services. By submitting, posting, displaying, providing, or otherwise making available any Customer Property on or through the Services, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Alline a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such Customer Property and any name, voice, and/or likeness contained in your Customer Property, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Services and Alline’s (and its successors’ and affiliates’) business, including without limitation in connection with modifying, improving, and enhancing artificial intelligence models, as well as promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels. Additionally, for the Term, you grant Alline a non-exclusive, irrevocable license to use Customer’s name, trademarks and logos to identify Customer as a subscriber of the Services.
In connection with your Customer Property, you affirm, represent, warrant and covenant the following: (i) You have the written consent of each and every identifiable natural person in the Customer Property, if any, to use such person’s name or likeness in the manner contemplated by the Services and this Agreement, and each such person has released you from any liability that may arise in relation to such use; (ii) You have obtained and are solely responsible for obtaining all consents as may be required by law to submit any Customer Property relating to third parties; (iii) Your Customer Property and Alline’s use thereof as contemplated by this Agreement and the Services will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights; and (iv) Alline may exercise the rights to your Customer Property granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
Alline takes no responsibility and assumes no liability for any Customer Property that you or any other User or third-party posts, sends, or otherwise makes available over the Services. You shall be solely responsible for your Customer Property and the consequences of posting, publishing it, sharing it, or otherwise making it available on the Services, and you agree that we are only acting as a passive conduit for your online distribution and publication of your Customer Property. You understand and agree that you may be exposed to Customer Property that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Alline shall not be liable for any damages you allege to incur as a result of or relating to any Customer Property.
(b) Alline Property. Alline Property and all Intellectual Property Rights related thereto are the exclusive property of Alline. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Alline Property. Use of the Alline Property for any purpose not expressly permitted by this Agreement is strictly prohibited. For the avoidance of doubt, Alline Property, Aggregated Statistics and any other information, data, or other content derived from Alline’s monitoring of your access to or use of the Services, but does not include Customer Property. In furtherance of the foregoing, you hereby unconditionally and irrevocably grant to Alline an assignment of all right, title, and interest in and to the Aggregated Statistics, including all Intellectual Property Rights relating thereto.
Any AI-generated content provided by the Services is for informational purposes only. Alline does not guarantee the accuracy, originality, or legal non-infringement of AI-generated outputs. You are solely responsible for ensuring compliance with intellectual property laws before using AI-generated content commercially.
You may choose to or we may invite you to submit Feedback. By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Alline under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Alline does not waive any rights to use similar or related ideas previously known to Alline, or developed by its employees, or obtained from sources other than you. If you or any of your employees, contractors, or agents sends or transmits Feedback, we are free to use such Feedback irrespective of any other obligation or limitation between you and us governing such Feedback. All Feedback is and will be treated as non-confidential. You hereby assign to us on your behalf, all right, title, and interest in, and we are free to use, without any attribution or compensation to you or any third party, any ideas, know-how, concepts, techniques, or other Intellectual Property Rights contained in the Feedback, for any purpose whatsoever, although we are not required to use any Feedback.
(c) DMCA Notice. Since we respect artist and content owner rights, it is Alline’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Services, please notify Alline’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing: 1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner; 2. Identification of the copyrighted work that you claim has been infringed; 3. Identification of the material that is claimed to be infringing and where it is located on the Services; 4. Information reasonably sufficient to permit Alline to contact you, such as your address, telephone number, and, e-mail address; 5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and 6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following: Attn: Legal Department, Alline, Inc. 3333 Crompond Rd, Yorktown Heights NY, 10598. Email: legal@Allinekey.com.
Alline may, at its sole discretion, terminate Users or Customers who are deemed to be repeat infringers. Alline may also at its sole discretion limit access to the Services and/or terminate Customer Accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

  1. Customer Responsibilities

(a) Acceptable Use Policy. You are responsible and liable for all uses of the Services resulting from access, whether such access or use is permitted by or in violation of this Agreement. If you allow another individual to use your account, you remain responsible for their actions. In the event of unauthorized access, you must notify Alline immediately. Alline reserves the right to suspend or terminate your account if we detect suspicious or unauthorized activities that may compromise the security of the Services.
You shall comply with Alline’s Access and Use obligations (Section 2 above) and all applicable laws, rules, and regulations.
(b) Content Sharing and Public Links. The Services may provide you with the ability to generate and share content through a publicly accessible link. When you choose to share content using this feature, the content will be accessible to anyone who has the link, and Alline does not guarantee the security or confidentiality of publicly shared content. By sharing content, you acknowledge and accept that it is your responsibility to manage access and that publicly shared links may be accessed, copied, or redistributed by others without your control. Alline shall not be liable for any unauthorized access or use of publicly shared content. If you wish to restrict access to shared content, you should refrain from sharing content through a public link.
(c) Passwords and Access Credentials. You are responsible for keeping your passwords and access credentials associated with the Services confidential. You will not sell or transfer them to any other person or entity. You will promptly notify us about any unauthorized access to your passwords or access credentials.
(d) Third-Party Products. The Services may permit access to Third-Party Products. For purposes of this Agreement, such Third-Party Products are subject to their own terms and conditions presented to you for acceptance within the Services by website link or otherwise. If you do not agree to abide by the applicable terms for any such Third-Party Products, then you should not install, access, or use such Third-Party Products. Alline does not endorse or assume any responsibility for any such Third-Party Products. If you access a Third-Party Product from the Services or share your Customer Property on or through any third-party website or service, you do so at your own risk, and you understand that this Agreement and Alline’s Privacy Policy do not apply to your use of such sites. You expressly relieve Alline from any and all liability arising from your use of any Third-Party Products, including without limitation Customer Property submitted. Additionally, your dealings with or participation in promotions of advertisers found on the Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Alline shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

  1. Fees and Payment

(a) Billing Policies. Certain aspects of the Services may be provided for a fee or other charge. If you elect to use paid aspects of the Services, you agree to our Pricing and Payment Terms available on our website, as we may update them from time to time. Alline may add new services for additional fees and charges, add or amend fees and charges for existing services, at any time in its sole discretion. Any change to our Pricing and Payment Terms shall become effective in the billing cycle following notice of such change to you as provided in this Agreement.
(b) Refunds. You may cancel your User Account at any time; however, no refunds will be issued for any cancellations except in cases of service failures that prevent platform usage, in compliance with U.S. and EU consumer laws. If Alline suspends or terminates your User Account for any reason, you acknowledge and agree that you shall receive no refund or credit for any unused subscription period or associated data. Certain users may be granted temporary access to the Services without payment at Alline’s discretion. Such access does not create an obligation to provide continued free access.
(c) Free Trials. We or our third-party service providers may offer free trials to a particular Service. We or our third-party service provider will automatically bill your payment method on the later of the day your free trial ends or the day you start your paid subscription, and on each recurring billing date thereafter, subject to Section 5(d). You will not receive a notice that your free trial has ended and that payment for your subscription is due. If you wish to avoid charges to your payment method, you must cancel your subscription prior to midnight Eastern Standard Time on the last day of your free trial period. If you cancel your subscription during a free trial, cancellation may be effective immediately.
(d) Automatic Renewal of Subscription Fees. Subscription fees renew automatically unless canceled before the next billing cycle. IF YOU SIGN UP FOR A SUBSCRIPTION, THE CORRESPONDING FEES AT THE RATE AS SET FORTH IN YOUR CUSTOMER ACCOUNT AND/OR ON THE CHECKOUT PAGE MAY AUTOMATICALLY RENEW EVERY MONTH OR ANNUALLY ON A CONTINUOUS BASIS AS APPLICABLE UNLESS AND UNTIL YOU NOTIFY US THAT YOU WANT TO CANCEL YOUR SUBSCRIPTION. ANY NOTICE OF CANCELLATION MUST BE SUBMITTED ON THE APP AND WILL BE EFFECTIVE IN THE MONTH FOLLOWING THE MONTH YOU PROVIDE US NOTICE. YOU UNDERSTAND THAT UNLESS AND UNTIL YOU NOTIFY US OF YOUR CANCELLATION, YOUR SUBSCRIPTION AND ALL CORRESPONDING FEES WILL AUTOMATICALLY RENEW UNLESS CANCELED BEFORE THE NEXT BILLING CYCLE, AND YOU AUTHORIZE US OR OUR AUTHORIZED THIRD-PARTY PAYMENT PROVIDER (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO CHARGE YOU THE APPLICABLE SUBSCRIPTION FEES AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
(e) Risk of Loss. All products that may be purchased from or via the Services are transported and delivered to you by an independent carrier not affiliated with, or controlled by, Alline. Title to products purchased on the Services, as well as the risk of loss for such products, passes to you when Alline or our supplier delivers these items to the carrier.
(f) Payment Information; Taxes. We accept various payment methods, including but not limited to Mastercard, Visa, and American Express through third-party payment providers. By using the Services, you agree to be bound by our third-party payment processing Services individual Services Agreement. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Services at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.

  1. Confidential Information

From time to time, Alline and Customer may disclose or make available to the other party Confidential Information. The receiving party shall not disclose the disclosing party’s Confidential Information to any person or entity, except to the receiving party’s employees who have a need to know the Confidential Information for the receiving party to exercise its rights or perform its obligations hereunder and who are required to protect the Confidential Information in a manner no less stringent than required under this Agreement. Notwithstanding the foregoing, each party may disclose Confidential Information to the limited extent required (i) to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law, provided that the party making the disclosure pursuant to the order shall first have given written notice to the other party and made a reasonable effort to obtain a protective order; or (ii) to establish a party’s rights under this Agreement, including to make required court filings. Each party’s obligations of non-disclosure with regard to Confidential Information are effective as of the date such Confidential Information is first disclosed to the receiving party and will expire five years thereafter; provided, however, with respect to any Confidential Information that constitutes a trade secret (as determined under applicable law), such obligations of non-disclosure will survive the termination or expiration of this Agreement for as long as such Confidential Information remains subject to trade secret protection under applicable law.
While we take industry standard precautions to protect the security of our systems, Alline cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

  1. Privacy Policy

Alline processes personal data in accordance with GDPR, CCPA, and other applicable privacy laws. Alline complies with its Privacy Policy in providing the Services, which is subject to change as described therein. By accessing, using, and providing information to or through the Services, you acknowledge that you have reviewed and accepted our Privacy Policy, and you consent to all actions taken by us with respect to your information in compliance with the then-current version of our Privacy Policy.

  1. App Store Terms.  

The following terms apply to any Services accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the Services may now or in the future be made available (each an “App Provider”). You acknowledge and agree that:
(a) These Terms are concluded between you and Company, and not with the App Provider, and that Company (not the App Provider), is solely responsible for the Services.
(b) The App Provider has no obligation to furnish any maintenance and support services with respect to the Services.
(c) In the event of any failure of the Services to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the Services to you (if applicable) and to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the Services.  Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Company.
(d) The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the Services or your possession and use of the Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
(e) The App Provider, and its subsidiaries, are third party beneficiaries of these Terms as related to your license of the Services, and that, upon your acceptance of the terms and conditions of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the Services against you as a third-party beneficiary thereof.
(f) You must also comply with all applicable third-party terms of service when using the Services.

  1. Warranty Disclaimer

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ALLINE OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, ALLINE, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT RESULTING FROM, OR DOWNLOADED OR OTHERWISE OBTAINED THROUGH, THE USE OF THE SERVICES IS DOWNLOADED AND USED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LIABILITY ARISING THEREFROM TO THE EXTENT NOT EXPRESSLY SET FORTH OTHERWISE HEREIN, INCLUDING ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICES.
FURTHER, ALLINE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, AND ALLINE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

  1. Indemnification

Customer shall defend, indemnify and hold harmless Alline and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) Customer use of and access to the Services, including any data or content transmitted or received by Customer; (ii) Customer violation of any term of this Agreement, including without limitation Customer breach of any of the representations and warranties above; (iii) Customer violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) Customer violation of any applicable law, rule or regulation; (v) Customer Property or any content that is submitted via Customer Account including without limitation misleading, false, or inaccurate information; (vi) Customer willful misconduct; or (vii) any other party’s access and use of the Services with Customer’s unique username, password or other appropriate security code.

  1. Limitations of Liability

(a) No Indirect or Consequential Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ALLINE, ITS AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT FOR:

  1. ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES;
  2. LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION;
  3. LOSS OF GOODWILL, LOSS OF BUSINESS OPPORTUNITY, OR LOSS OF ANTICIPATED SAVINGS; OR
  4. ANY OTHER DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, REGARDLESS OF THE LEGAL THEORY (INCLUDING TORT, STRICT LIABILITY, OR OTHERWISE) AND WHETHER OR NOT ALLINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(b) Liability Cap
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALLINE’S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICES WILL NOT EXCEED THE TOTAL AMOUNT YOU HAVE PAID TO ALLINE FOR THE SERVICES IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR FIFTY DOLLARS ($50.00) IF NO PAYMENTS HAVE BEEN MADE.
(c) Exceptions to Limitations
NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT LIABILITY FOR:

  1. DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE;
  2. FRAUD OR FRAUDULENT MISREPRESENTATION;
  3. GROSS NEGLIGENCE OR WILLFUL MISCONDUCT;
  4. ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

(d) Essential Basis of the Bargain
YOU AGREE THAT THESE LIMITATIONS OF LIABILITY REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND ALLINE AND THAT THESE LIMITATIONS FORM AN ESSENTIAL PART OF THE AGREEMENT BETWEEN YOU AND ALLINE.

  1. Governing Law, Arbitration, and Class Action/Jury Trial Waiver

(a) Governing Law. You agree that: (i) the Services shall be deemed solely based in Delaware; and (ii) the Services shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Delaware.
This Agreement shall be governed by the internal substantive laws of the State of Delaware, without respect to its conflict of laws principles.
The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, the Federal Arbitration Act (9 U.S.C. §§ 1-16) (“FAA”) governs the interpretation and enforcement of the Arbitration Agreement in Section 12 (b) and preempts all state laws to the fullest extent permitted by law.
If the FAA is found to not apply to any issue that arises from or relates to the Arbitration Agreement, then that issue shall be resolved under and governed by the law of your state of residence.
The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
You agree to submit to the exclusive personal jurisdiction of the federal and state courts located in Delaware for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm.
You agree that Delaware is the proper and exclusive forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
(b) Arbitration. Read this Section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from Alline. This Arbitration Agreement applies to and governs any dispute, controversy, or claim between you and Alline that arises out of or relates to, directly or indirectly: (a) this Agreement, including the formation, existence, breach, termination, enforcement, interpretation, validity, or enforceability thereof; (b) access to or use of the Services, including receipt of any advertising or marketing communications; (c) any transactions through, by, or using the Services; or (d) any other aspect of your relationship or transactions with Alline, directly or indirectly, as a consumer (“Claim” or collectively, “Claims”). The Arbitration Agreement shall apply, without limitation, to all Claims that arose or were asserted before or after your agreement to this Agreement.
If you are a new Alline user, you can reject and opt-out of this Arbitration Agreement within 30 days of accepting this Agreement by emailing Alline at legal@Allinekey.com with your first and last name and stating your intent to opt-out of the Arbitration Agreement. Note that opting out of this Arbitration Agreement does not affect any other part of this Agreement, including the provisions regarding controlling law or in which courts any disputes must be brought.
For any Claim, you agree to first contact us at legal@Allinekey.com and attempt to resolve the dispute with us informally. In the unlikely event that Alline has not been able to resolve a Claim after sixty (60) days, we each agree to resolve any Claim exclusively through binding arbitration by AAA before a single arbitrator (the “Arbitrator”), under the Expedited Procedures then in effect for AAA (the “Rules”), except as provided herein. In the event of any conflict between the Rules and this Arbitration Agreement, this Arbitration Agreement shall control. AAA may be contacted at www.adr.org, where the Rules are also available. The arbitration will be conducted in the U.S. County where you live or Delaware, unless you and Alline agree otherwise. If you are using the Services for commercial purposes, each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the Services for non-commercial purposes: (i) AAA may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from AAA; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. You and Alline agree that the Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Agreement, any provision of the Agreement, is unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, unconscionability, or estoppel.
Nothing in this Section shall be deemed as: preventing Alline from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights; or preventing you from asserting claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances on only an individual (non-class, non-representative) basis.
If this Arbitration Agreement is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, shall be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, shall have no impact on the remaining provisions of the Arbitration Agreement, which shall remain in force, or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement. Notwithstanding the foregoing, if the Class Action/Jury Trial Waiver is found to be void, unenforceable, or unlawful, in whole or in part, because it would prevent you from seeking public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in a civil court of competent jurisdiction. All other claims for relief subject to arbitration under this Arbitration Agreement shall be arbitrated under its terms, and the parties agree that litigation of any dispute regarding the entitlement to public injunctive relief shall be stayed pending the outcome of any individual claims in arbitration.
(c) Class Action/Jury Trial Waiver. WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICES FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AND ALLINE AGREE THAT THE ARBITRATOR MAY AWARD RELIEF ONLY TO AN INDIVIDUAL CLAIMANT AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF ON YOUR INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED MAY NOT AFFECT OTHER ALLINE USERS. YOU AND ALLINE FURTHER AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND ALLINE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO BRING, JOIN, OR PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND AS A PLAINTIFF OR CLASS MEMBER.

  1. Miscellaneous

(a) Entire Agreement/Severability. This Agreement, together with any amendments and any additional agreements you may enter into with Alline in connection with the Services, shall constitute the entire agreement between you and Alline concerning the Services. Except as otherwise stated in Section 12(b), if any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. The invalidity, illegality, or unenforceability of any provision herein does not affect any other provision herein or the validity, legality, or enforceability of such provision in any other jurisdiction.
(b) Modifications. You acknowledge and agree that we have the right, in our sole discretion, to modify this Agreement from time to time, and that modified terms become effective on posting. We will notify you of material modifications through direct email or visible banner in the Services. You are responsible for reviewing and becoming familiar with any such modifications. Your continued use of the Services after the effective date of the modifications will be deemed acceptance of the modified terms.
(c) Export Regulation. The Services utilize software and technology that may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Services or the software or technology included in the Services to, or make the Services or the software or technology included in the Services accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, regulation, or rule. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Services or the software or technology included in the Services available outside the US.
You represent and warrant that you are not (i) located in a country subject to U.S. Government sanctions or embargoes (e.g., Cuba, Iran, North Korea, Syria, Russia), or (ii) on any U.S. Government restricted party lists (e.g., SDN List, BIS Entity List).

(d) US Government Rights. Each of the software components that constitute the Services and the Documentation is a “commercial product” as that term is defined at 48 C.F.R. § 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. § 12.212. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the Services and Documentation as are granted to all other end users, in accordance with (a) 48 C.F.R. § 227.7201 through 48 C.F.R. § 227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. § 12.212, with respect to all other US Government customers and their contractors.
(e) No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Alline’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. Any failure to act by us with respect to a breach of this Agreement by you or others does not constitute a waiver and will not limit our rights with respect to such breach or any subsequent breaches.
(f) Notices. You hereby consent to receiving electronic communications from us. Alline may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Alline in our sole discretion. You may opt out of certain means of notification as described in this Agreement. Alline is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You shall also send an electronic copy of any notice to legal@allinekey.com.
(g) Assignment. This Agreement, and any rights and licenses granted hereunder, is personal to you and may not be assigned or transferred for any reason whatsoever without our prior written consent and any action or conduct in violation of the foregoing will be void and without effect. We expressly reserve the right to assign this Agreement and to delegate any of its obligations hereunder.
Please contact us at legal@Allinekey.com with any questions regarding this Agreement.