Terms of service

Last Modified: November 3rd, 2023

Welcome, and thank you for your interest in Alignd. ("Alignd," "we," "our," or "us") and our website at Alignd.team, along with our related websites (including alignd.team), networks, applications, mobile applications, and other services provided by us, including, Alignd, and all successor versions or products (each as defined below, and collectively, the "Service"). These Terms of Service are a legally binding contract between you and Alignd regarding your use of the Service.

PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY CLICKING "I ACCEPT," OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING Alignd'S PRIVACY POLICY (TOGETHER, THESE "TERMS"). If you are not eligible, or do not agree to the Terms, then you do not have our permission to use the Service. YOUR USE OF THE SERVICE, AND Alignd'S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY Alignd AND BY YOU TO BE BOUND BY THESE TERMS.

Arbitration NOTICE. Except for certain kinds of disputes described in Section 20 (Dispute Resolution and Arbitration), you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND Alignd ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.

1. Alignd Service Overview

Alignd offers productivity software services. Alignd's offerings include "Alignd," a SaaS platform that enables individuals and organizations to focus on what matters — bringing clarity, coordination, and connection into one place so that innovative teams can achieve their goals faster.

2. Eligibility

You must be at least 13 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that:

  1. a. You are at least 13 years old;
  2. b. You have not previously been suspended or removed from the Service; and
  3. c. Your registration and your use of the Service is in compliance with any and all applicable laws and regulations.

3. Accounts and Registration

To access the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times.

When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us either by contacting customer service at support@Alignd.team or https://Alignd.team/contact (depending on which Alignd Service product you are using).

4. General Payment Terms

Certain features of the Service may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in the currencies provided on the Alignd website and, except as expressly provided by applicable law, are non-refundable, except required by law.

4.1. Price

Alignd reserves the right to determine pricing for the Service. Alignd will make reasonable efforts to keep pricing information published on the website up to date which is available on our pricing page (the "Pricing Page"). All prices are shown on the Pricing Page. Any applicable sales taxes, levies, value-added taxes, or duties imposed by taxing authorities are calculated during the check-out based on your location. We encourage you to check our website periodically for current pricing information. Alignd may change the price of any feature of the Service; if this occurs, Alignd will provide you advance notice of the changes before they apply. Alignd, at its sole discretion, may make promotional offers with different features and different pricing to any of Alignd's customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.

4.2. Authorization

You authorize Alignd and its third-party payment processors to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by Alignd, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, Alignd or its third-party payment processors may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.

5. Alignd Service Products

5.1. General

Users may sign up for an account for the various Alignd Service products described below via the Alignd website or mobile application, as applicable. These Terms apply to all products that are a part of the Service.

5.2. Enterprise Services

You may choose to engage Alignd in additional services that include but are not limited to custom features and integrations, support in enterprise onboarding and adoption, and other consulting services. These services will be provided under agreements separate from the SaaS subscription agreement.

6. Beta Services

6.1. Generally

From time to time, Alignd may provide you with the opportunity to try products or services which are not generally available to users ("Beta Services"). This period of time will be referred to as the "Beta Services Period". Beta Services will be designated as beta, pilot, non-production, evaluation, or by another description with a similar meaning. You may accept or decline an invitation at your sole discretion. You may use the Beta Services solely for evaluation purposes. By using the Beta Services, you agree to:

  1. a. Cooperate with Alignd in evaluating the Beta Services; and
  2. b. Provide to Alignd any reasonably requested feedback, comments, and suggestions for improvements.

6.2. Beta Services Usage Data

You acknowledge and agree that Alignd may collect anonymous data regarding usage and performance of the Service in connection with your use of the Beta Services ("Beta Services Usage Data"). Beta Services Usage Data is and will remain the exclusive property of Alignd. Alignd may use and disclose the Beta Services Usage Data for its business purposes, including to monitor, improve, and market Alignd's products, provided that Alignd will not distribute or convey that data in a manner that could reasonably identify you as its source.

7. Licenses

7.1. Limited License

Subject to your complete and ongoing compliance with these Terms, Alignd grants you, solely for your personal use or for your employer's or Organization's internal business operations, as applicable, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service to which you have subscribed, including the right for to install and use a reasonable number of object code copies of any mobile application associated with the Service obtained from a legitimate marketplace on a mobile device that, as applicable, either you own or control, or your employer owns or controls.

7.2. License Restrictions

Except and solely to the extent such a restriction is impermissible under applicable law or expressly authorized by us, you may not:

  1. a. Reproduce, distribute, publicly display, or publicly perform the Service;
  2. b. Make modifications to the Service; or
  3. c. Interfere with or circumvent any feature of the Service, including any security or access control mechanism.

7.3. Feedback

If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (excluding Beta Services) ("Feedback"), then you hereby grant Alignd an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.

7.4. Fees & Subscriptions

The pricing varies depending on the size and complexity of the customer’s organization.

7.4a One-Time Implementation Fee & Service

In some instances, customers may choose a level of service that requires additional implementation. This fee will be billed immediately upon the effective date and prior to the release of any platform logins.

7.4b Subscription Fees

Customer will pay Alignd per seat (per user) annually in advance during the term and shall commence on the commencement date.

7.4c Additional Logins

Each user will have a unique login. Additional logins may be purchased and billed annually at a pro-rated basis at the time of user creation through the duration of the term.

8. Ownership; Proprietary Rights

The Service is owned and operated by Alignd. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, promotional content (including Alignd's blog content) and all other elements of the Service ("Materials") provided by Alignd are protected by intellectual property and other laws. All Materials included in the Service are the property of Alignd or its third-party licensors. Except as expressly authorized by Alignd, you may not make use of the Materials. Alignd reserves all rights to the Materials not granted expressly in these Terms.

9. Third Party Terms

9.1. Third-Party Services and Linked Websites

Alignd may provide tools through the Service that enable you to export information, including User Content, to third-party services, including through features that allow you to link your account on Alignd with an account on the third-party service. By using one of these tools, you agree that Alignd may transfer that information to the applicable third-party service. Third-party services are not under Alignd's control, and, to the fullest extent permitted by law, Alignd is not responsible for any third-party service's use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under Alignd's control, and Alignd is not responsible for their content.

9.2. Third Party Software

The Service may include or incorporate third party software components, integrations, or extensions that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components ("Third-Party Components"). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.

10. User Content

10.1. User Content Generally

Certain features of the Service may permit users to upload content to the Service and send content through the Service, including messages, reviews, photos, audio, video, images, folders, data, text, graphics, and other types of information, material, and works ("User Content") and to publish User Content on the Service. As between you and Alignd, you retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Service. However, you acknowledge and agree that if you are an employee of an Organization, the applicable Organization may own the rights to that User Content.

10.2. User Content License Grant to Alignd

By providing User Content to or via the Service, your content is still yours but you grant Alignd a worldwide, non-exclusive, irrevocable, royalty-free, fully paid right and license (with the right to sublicense) to use, host, store, translate, transfer, display, perform, reproduce, modify, display, distribute your User Content, in whole or in part, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media, or technology, whether now known or hereafter developed, for use only in connection with the Service so we can provide you features like sharing & collaboration with authorized users.

11. Communications

11.1. Push Notifications

When you install our app on your mobile device, you may choose to receive push notifications, which are messages an app sends you on your mobile device when the app is not on. In addition to the foregoing push notifications, you may receive notifications on your other computer hardware device (e.g., laptop, desktop, or tablet). You can turn notifications on or off by visiting your the device's "settings" page.

11.2. Email

We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself or by visiting Alignd.team/unsubscribe or twist.com/unsubscribe and logging into your account.

12. Prohibited Conduct

BY USING THE SERVICE YOU AGREE NOT TO:

  1. (a) use the Service for any illegal purpose or in violation of any local, state, national, or international law;
  2. (b) harass, threaten, demean, embarrass, or otherwise harm any other user of the Service;
  3. (c) violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right or using or disclosing the confidential information of any third party without permission;
  4. (d) interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content, including controls or restrictions implemented by Administrators; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
  5. (e) interfere with the operation of the Service or any user's enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
  6. (f) perform any fraudulent activity including by: (i) representing, implying, or claiming that a Workspace is affiliated with an Organization without the express consent of that Organization; (ii) impersonating any person, Administrator, Workspace Authorized User, Organization, or entity; (iii) claiming a false affiliation; (iv) or accessing any other Service account without permission;
  7. (g) sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 9) or any right or ability to view, access, or use any Materials; or
  8. (h) attempt to do any of the acts described in this Section or assist or permit any person in engaging in any of the acts described in this Section.

13. Digital Millennium Copyright Act

13.1. DMCA Notification

We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Service, you may contact our Designated Agent at the following address:

Alignd LLC.
PO BOX 528
Burlington, VT 05402
Email: hello@Alignd.team

Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of the material that you claim is infringing and where it is located on the Service;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

13.2. Repeat Infringers

Alignd will promptly terminate the accounts of users that are determined by Alignd to be repeat infringers.

14. Modification of these Terms

We reserve the right to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, we may require that you accept the modified Terms in order to continue to use the Service. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Except as expressly permitted in this Section, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.

15. Term, Termination and Modification of the Service

15.1. Term

These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 15.2 (Termination).

15.2. Termination

If you violate any provision of these Terms, your authorization to access the Service and these Terms automatically terminate. In addition, Alignd may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time by contacting customer service at support@Alignd.team or sales@Alignd.team (depending on which Service you are using). If you or the Administrator loses access to an account or otherwise request information about an account, we reserve the right to request from you or that Administrator (as the case may be) any verification we deem necessary before restoring access to or providing information about that account. If the Administrator of a Workspace terminates their account, then all Workspace Authorized Users of that Workspace will no longer have access to that Workspace, which includes any User Content contained that Workspace. Subject to the setting designated for the particular Workspace, it is your sole responsibility to export or save any User Content that is contained in a Workspace. Alignd is under no obligation to maintain or provide any User Content that was contained in a Workspace after termination.

15.3. Effect of Termination

Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay Alignd all payment obligations that accrued prior to termination (all prepaid fees for the Service are non-refundable and non-cancellable unless otherwise stated).

16. Modification of the Service

Alignd reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Alignd will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service.

17. Indemnity

To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Alignd and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the "Alignd Entities") from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys' fees and costs, arising out of or connected with...

18. Disclaimers; No Warranties

THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. Alignd DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE...

19. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE Alignd ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON OR AVAILABLE THROUGH THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY...

20. Dispute Resolution and Arbitration

20.1. Generally

In the interest of resolving disputes between you and Alignd in the most expedient and cost-effective manner, subject to all applicable laws and except as described in Section 20.2 (Exceptions) and 20.3 (Opt-Out), you and Alignd agree that every dispute arising in connection with these Terms and your use of the Service will be resolved by binding arbitration...

20.2. Exceptions

Despite the provisions of Section 20.1 (Generally), nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim...

20.3. Opt-Out

If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 20 (Dispute Resolution and Arbitration) within 30 days after the date that you agree to these Terms by sending a letter to Alignd Inc., Attention: Legal Department -- Arbitration Opt-Out, 2100 Geng Road, Suite 210, Palo Alto, CA 94303 that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration...

21. Miscellaneous

21.1. General Terms

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Alignd regarding your use of the Service...