Terms of use

End-User License Agreement (“Agreement”)

Last updated: February 02, 2018

Please read this End-User License Agreement (“Agreement”) carefully before clicking the “I Agree” button, downloading or using Allert (“Application”).

By clicking the “I Agree” button, downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement.

This Agreement is a legal agreement between you (either an individual or a single entity) and All In Tune and it governs your use of the Application made available to you by All In Tune.

If you do not agree to the terms of this Agreement, do not click on the “I Agree” button and do not download or use the Application.

The Application is licensed, not sold, to you by All In Tune for use strictly in accordance with the terms of this Agreement.

License

All In Tune grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.

Use of the Application

You must be at least 18 years of age to use the Application.

All In Tune hereby grants you a non-exclusive, non-transferable, revocable license to use the Application for your personal, non-commercial use and only on an Apple, Android, or Windows device (“Device”) as permitted by the applicable Platform Terms and in accordance with these Application Terms (“User License”).  All other rights in the Application are reserved by Publisher.

In the event of your breach of these Application Terms we will be entitled to terminate the User License immediately.

You acknowledge that your agreement with your mobile network provider (“Mobile Provider”) will apply to your use of the Application. You acknowledge that you may be charged by the Mobile Provider for data services while using certain features of the Application or any such third-party charges as may arise and you accept responsibility for such charges. If you are not the bill payer for the Device being used to access the Application, you will be assumed to have received permission from the bill payer for using the Application.

You acknowledge that where you use services provided by Apple, Google, Microsoft (or any other third parties) in connection with your use of the Application, you will be subject to Apple’s, Google’s, Microsoft’s (or the applicable third party’s) terms and conditions and privacy policy and you should ensure that you have read such terms.

Restrictions

You agree not to, and you will not permit others to:

  • License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.
  • Copy or use the Application for any purpose other than as permitted under the above section ‘License’.
  • Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Application.
  • Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of All In Tune or its affiliates, partners, suppliers or the licensors of the Application.

Prohibited uses

You agree not to use the Application in any way that:

  • is unlawful, illegal or unauthorized;
  • is defamatory of any other person;
  • is obscene or offensive;
  • promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • infringes any copyright, database right or trade mark of any other person;
  • is likely to harass, upset, embarrass, alarm or annoy any other person;
  • is likely to disrupt our service in any way; or
  • advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse.

Intellectual Property

The Application, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of All In Tune.

Other trademarks, service marks, graphics and logos used in connection with the Application are the trademarks of their respective owners (collectively “Third Party Trademarks”).  The Publisher Trademarks and Third-Party Trademarks may not be copied, imitated or used, in whole or in part, without the prior written permission of All In Tune or the applicable trademark holder. The Application and the content featured in the Application are protected by copyright, trademark, patent and other intellectual property and proprietary rights which are reserved to Publisher and its licensors.

Your Suggestions

Any feedback, comments, ideas, improvements or suggestions (collectively, “Suggestions”) provided by you to All In Tune with respect to the Application shall remain the sole and exclusive property of All In Tune.

All In Tune shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.

Modifications to Application

All In Tune reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.

Updates to Application

All In Tune may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications (“Updates”).

Updates may modify or delete certain features and/or functionalities of the Application. You agree that All In Tune has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to you.

You further agree that all Updates will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.

Third-Party Services

The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services (“Third-Party Services”).

You acknowledge and agree that All In Tune shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. All In Tune does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.

Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

Privacy Policy

All In Tune collects, stores, maintains, and shares information about you in accordance with its Privacy Policy, which is available at https://allertapp.com/privacy-policy. By accepting this Agreement, you acknowledge that you hereby agree and consent to the terms and conditions of our Privacy Policy.

Term and Termination

This Agreement shall remain in effect until terminated by you or All In Tune.

All In Tune may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from All In Tune, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device or from your computer.

Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your computer.

Termination of this Agreement will not limit any of All In Tune’s rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.

Indemnification

You agree to indemnify and hold All In Tune and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your: (a) use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.

Reliance on Information

The Application is intended to provide general information only and, as such, should not be considered as a substitute for advice covering any specific situation. You should seek appropriate advice before taking or refraining from taking any action in reliance on any information contained in the Application.

THE APPLICATION IS IN NO WAY TO BE CONSIDERED OR USED AS A REPLACEMENT FOR PROFESSIONAL MEDICAL ADVICE FROM YOUR GP.

No Warranties

The Application is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, All In Tune, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, All In Tune provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither All In Tune nor any All In Tune’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of All In Tune are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.

Limitation of Liability

Notwithstanding any damages that you might incur, the entire liability of All In Tune and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the Application.

To the maximum extent permitted by applicable law, in no event shall All In Tune or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for death, for loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if All In Tune or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

In the event that applicable law does not allow the exclusion of certain promises and/or the exclusion of liability for direct, indirect, consequential or other damages, in no event shall All In Tune liability arising under or in connection with these Application Terms and your use of the Application exceed the amount actually paid by you for the Application.

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.

Amendments to this Agreement

All In Tune reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Application after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Application.

Governing Law

The laws of Netherlands, excluding its conflicts of law rules, shall govern this Agreement and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.

General

These Application Terms shall be governed by the laws of The Netherlands and the parties submit to the exclusive jurisdiction of the courts of Amsterdam, The Netherlands to resolve any dispute between them arising under or in connection with these Application Terms or from the use of the Application.

If any provision (or part of a provision) of these Application Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

Contact Information

If you have any questions about this Agreement, please contact us: info@allertapp.com

Entire Agreement

The Agreement constitutes the entire agreement between you and All In Tune regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between you and All In Tune.

You may be subject to additional terms and conditions that apply when you use or purchase other All In Tune’s services, which All In Tune will provide to you at the time of such use or purchase.