These terms govern your access to and use of Alppaca. By accessing or using the website, product, or related services, you agree to be bound by these terms.
"Company", "we", "us", and "our" refer to The Bold Apps, LLC, a Delaware limited liability company that operates Alppaca. "You" and "Customer" refer to the individual or entity accessing or using the service. "Service" refers to the Alppaca website, product, and related offerings. "Order Form" means any ordering document signed by both parties referencing these terms.
Subject to these terms and your timely payment of applicable fees, Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable right to access and use the service in accordance with the product documentation and any plan-specific limits, solely for your internal business purposes.
You agree to use the service responsibly and lawfully. You may not, and may not allow any third party to:
Access to paid features is provided on a subscription basis. Current plans and pricing are published at https://alppaca.com/pricing. Enterprise is handled on custom terms agreed in writing with our sales team. All amounts are in U.S. dollars unless stated otherwise and are exclusive of taxes (including VAT, sales, use, and similar taxes), which you are responsible for.
Subscriptions automatically renew for successive periods equal to the then-current term (for example, monthly or annual) unless cancelled before the next renewal date. By subscribing, you authorize us (and our payment processors) to charge the applicable fees to your payment method at the start of each billing cycle.
We may change plan pricing or features by giving you at least thirty (30) days' advance notice. Changes apply to the next renewal cycle. If you do not agree to the new pricing, you may cancel before it takes effect.
If any undisputed fee is not paid when due, Company may, after notifying you and giving you at least five (5) business days to cure, suspend the service and charge interest on the overdue amount at the lower of 1.0% per month or the maximum rate permitted by applicable law, until paid in full. You will reimburse Company for the reasonable costs of collection, including reasonable attorneys' fees.
You can cancel your subscription at any time from your profile page in the product. Cancellation takes effect at the end of the current paid billing period. You retain access to paid features until the end of that period, after which the account is closed. If you need help, contact support@alppaca.com.
Fees are generally non-refundable. We do not provide refunds or credits for partial billing periods, unused features, or downgrade requests, except where required by applicable law or where Company expressly agrees in writing.
If you believe you have been billed in error, contact support@alppaca.com within 30 days of the charge and we will review the case in good faith.
The service is licensed, not sold. Company and its licensors retain all right, title, and interest in and to the service, including all intellectual property rights. You do not acquire any ownership interest in the service or any rights other than the limited right to use it under these terms. All rights not expressly granted to you are reserved.
You retain all rights in the content, materials, copy, designs, and data you upload to or create within the service ("Customer Content"). You grant Company a non-exclusive, worldwide, royalty-free license to host, process, transmit, display, and create back-ups of Customer Content solely as needed to operate the service and provide it to you.
You are solely responsible for Customer Content and for ensuring it complies with applicable law, including data protection law where you collect or process personal data from end users using the service. If end users will provide personal data through funnels you build with the service, you are the controller of that data and Company is your processor under the Data Processing Agreement available on request.
From time to time you may provide suggestions, ideas, enhancement requests, or other feedback about the service ("Feedback"). You grant Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, modify, distribute, and otherwise exploit Feedback for any purpose, without obligation or compensation to you.
Each party may receive non-public information of the other ("Confidential Information"), including pricing, product roadmaps, technical information, and business plans. The receiving party will use the disclosing party's Confidential Information only to perform under these terms, will protect it with the same degree of care it uses for its own confidential information (and no less than reasonable care), and will not disclose it to third parties except to its employees, contractors, and advisors who have a need to know and who are bound by confidentiality obligations no less protective than these. Confidential Information does not include information that is or becomes public without breach, is rightfully received from a third party without confidentiality obligations, is independently developed without reference to the other party's Confidential Information, or is required to be disclosed by law (subject to reasonable advance notice where permitted).
When you use the service, Company collects and processes information about you and your use of the service as described in our privacy policy, which is incorporated into these terms by reference. For customer-controlled personal data processed by the service, our Data Processing Agreement applies and is available on request.
Company may from time to time develop and provide updates, upgrades, bug fixes, patches, and new features. Company may also modify, suspend, or discontinue parts of the service. We will give at least thirty (30) days' advance notice of any change that materially reduces functionality on your active plan, unless a shorter notice is required for security, legal, or operational reasons.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR ALTERED.
Company will defend you against any third-party claim alleging that your authorized use of the service infringes a U.S. patent, copyright, trademark, or trade secret of the third party, and will pay damages finally awarded against you or agreed in settlement, provided you (a) promptly notify Company in writing, (b) give Company sole control of the defense and settlement, and (c) reasonably cooperate at Company's expense. Company has no obligation for any claim arising from (i) your modifications to the service, (ii) combination of the service with products not provided by Company, (iii) Customer Content, or (iv) your use of the service in violation of these terms or applicable law. If the service is or is likely to be enjoined, Company may, at its option, (1) procure the right to continue using it, (2) modify it to be non-infringing, or (3) terminate the affected subscription and refund any prepaid, unused fees. This section states Company's entire liability and your exclusive remedy for any infringement claim.
You will defend, indemnify, and hold harmless Company, its affiliates, and their respective officers, employees, and agents from any third-party claim, loss, damage, or expense (including reasonable attorneys' fees) arising out of or related to (i) Customer Content, (ii) your breach of these terms or applicable law, or (iii) your violation of the Acceptable Use section.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY (NOR ITS AFFILIATES) WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICE WILL NOT EXCEED THE TOTAL FEES YOU PAID TO COMPANY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITATIONS DO NOT APPLY TO (A) A PARTY'S INDEMNIFICATION OBLIGATIONS, (B) YOUR PAYMENT OBLIGATIONS, OR (C) LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.
These terms remain in effect while you use the service. Either party may terminate this agreement for cause if the other party materially breaches it and fails to cure that breach within thirty (30) days after written notice (or five (5) business days for non-payment). You may also terminate at any time for convenience by cancelling your subscription and closing your account, in which case fees already paid are non-refundable as set out in Section 7.
Company may suspend or terminate your access to the service, with or without notice, if you breach these terms, fail to pay fees when due, or use the service in a way that exposes Company or other users to legal, security, or reputational risk. On termination, your right to use the service ends and Company may delete Customer Content in accordance with the privacy policy and applicable law. Sections that by their nature should survive termination, including Definitions, Late Payments, Refunds, Reservation of Rights, Customer Content (with respect to accrued obligations and license wind-down), Feedback, Confidentiality, Privacy and Data, Disclaimer of Warranties, Indemnification, Limitation of Liability, Governing Law and Dispute Resolution, Export Controls, and General, will survive.
This agreement is governed by and construed in accordance with the laws of the State of Delaware, U.S.A., without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Any legal suit, action, or proceeding arising out of or related to this agreement or the service will be brought exclusively in the state or federal courts located in New Castle County, Delaware, and the parties consent to the personal jurisdiction of those courts and waive any objection to inconvenient forum. EACH PARTY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT TO TRIAL BY JURY IN ANY ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICE. The parties may agree in writing to a different governing law or venue in an Order Form.
You will comply with all applicable U.S. and foreign export control laws, sanctions, and trade regulations. You represent that you are not located in, and will not access or use the service from, any country or territory subject to comprehensive U.S. sanctions (currently including Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine), and that you are not listed on any U.S. government list of restricted parties (including the OFAC Specially Designated Nationals and Blocked Persons List). You will not use the service for any purpose prohibited by U.S. export laws, including for the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
These terms, together with any Order Form and the privacy policy, constitute the entire agreement between the parties on this subject and supersede all prior or contemporaneous understandings. In the event of a conflict between these terms and an Order Form signed by both parties, the Order Form prevails for the conflict only.
If any provision of these terms is found unenforceable, the remaining provisions remain in full effect and the unenforceable provision will be reformed only to the extent needed to make it enforceable. No waiver of any breach is a waiver of any other or subsequent breach, and no waiver is effective unless in writing.
You may not assign or transfer these terms, by operation of law or otherwise, without Company's prior written consent. Company may assign these terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets, on written notice to you. Any prohibited assignment is void.
Neither party will be liable for any delay or failure to perform (other than payment obligations) due to causes beyond its reasonable control, including acts of God, war, terrorism, civil unrest, labor disputes, internet or utility outages, or government action. The affected party will use reasonable efforts to resume performance.
Notices to you may be sent to the email associated with your account or posted within the service. Notices to Company must be sent to support@alppaca.com. Notices are effective on receipt (or, if posted in the service, when first posted).
Nothing in these terms creates any partnership, joint venture, agency, fiduciary, or employment relationship between the parties, and no third party is intended to have any rights under these terms.
Company may identify you as a customer and use your name and logo on its website and marketing materials, in a manner that follows your branding guidelines if you provide them. You may opt out at any time by writing to support@alppaca.com.
We may update these terms from time to time. If we make material changes, we will notify you by email or by posting a prominent notice in the product at least thirty (30) days before the changes take effect (or sooner where required by law). Continued use of the service after the effective date of the updated terms means you accept the changes.
For notices or questions about these terms, contact support@alppaca.com. For general support, write to support@alppaca.com.