ALPHACAST
Last updated: September 2024
THESE TERMS AND CONDITIONS (THESE “TERMS”) ARE A LEGAL CONTRACT BETWEEN YOU, AS A VISITOR OR MEMBER OF THE SITE, AND ALPHACAST, INC. (“ALPHACAST”, “WE”, “US”, OR “OUR”). THESE TERMS EXPLAIN HOW YOU ARE PERMITTED TO ACCESS OR USE THE WEBSITE LOCATED AT HTTPS://WWW.ALPHACAST.IO AND ANY ASSOCIATED SITES, FORUMS, SUBDOMAINS, OR CHANNELS OPERATED BY ALPHACAST OR ITS AFFILIATES, AS WELL AS OUR APPLICATION PROGRAMMING INTERFACES, SOFTWARE DEVELOPMENT KITS, INTEGRATIONS (INCLUDING EXCEL, PYTHON, R, AND POWER BI), DASHBOARDS, DATASETS, AI-POWERED FEATURES, AND OTHER ONLINE SERVICES (COLLECTIVELY, THE “SITE” AND THE “SERVICES”). BY ACCESSING OR USING THE SITE OR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, DO NOT ACCESS OR USE THE SITE, THE SERVICES, OR ANY INFORMATION CONTAINED THEREIN.
IF YOU ACCESS OR USE THE SITE OR SERVICES ON BEHALF OF AN ORGANIZATION, YOU REPRESENT AND WARRANT THAT YOU HAVE AUTHORITY TO BIND THAT ORGANIZATION TO THESE TERMS, AND “YOU” WILL REFER TO BOTH YOU AND THAT ORGANIZATION.
ENTERPRISE CLIENTS: IF YOU HAVE A SEPARATE WRITTEN AGREEMENT WITH ALPHACAST (E.G., AN ENTERPRISE SERVICE AGREEMENT), THAT AGREEMENT WILL GOVERN TO THE EXTENT OF ANY CONFLICT WITH THESE TERMS.
The Company may make changes to the content and Services offered on the Site at any time. The Company can change, update, or add or remove provisions of these Terms, at any time. Any update to these Terms will take effect on the noted effective date. If you do not agree with any of the updated Terms, you must stop using the Site.
By using the Site or Services, you represent and warrant that you are at least 18 years of age, or if you are between 13 and 17 years old (a “Minor”), that you are using the Site and Services with the consent and under the supervision of your parent or legal guardian, who agrees to be bound by these Terms on your behalf. If you are a parent or legal guardian of a Minor, you agree to be fully responsible for the Minor’s use of the Site and Services, including all obligations and liabilities that may arise, and you agree to indemnify and hold harmless Alphacast, Inc. for any breach of these Terms by the Minor. If you are under 13 years of age, you may not access or use the Site or Services or provide any personal information to Alphacast.
Please review the Company’s Privacy Policy (the “Privacy Policy”), which explains how the Company uses information that it collects and that you submit to the Company and which is incorporated by reference into these Terms.
You may browse and view the portions of the Site that are open to the general public without registering, in which case you are considered a “visitor.” Visitors have limited access to certain areas of the Site and a limited ability to use datasets, dashboards, and other content made available (collectively, “Datasets”) and certain Services and Materials provided on or through the Site.
To access private or restricted areas of the Site, including keeping Datasets, files, projects, collaborations, and conversations private to you and your invited collaborators, you must register for an account with Alphacast. By registering, whether as an individual or on behalf of an organization, you become a “Member.” Members receive rights, features, and functionality according to their subscription or enterprise plan, as described on the Pricing page or in their service agreement. Membership rights are personal, non-transferable, and subject to these Terms.
The Company provides certain content on the Site that is copyrighted and/or trademarked work of Alphacast, Inc., its affiliates, licensors, suppliers, or other Members of the Site (collectively, the “Materials”). Materials may include logos, graphics, video, images, software, documentation, charts, dashboards, and other content. The Site also provides access to datasets and databases of varying nature (“Datasets”), which may originate from third parties, licensors, or other Members. For clarity, Datasets and application programming interfaces (“APIs”) are governed by these Terms but are not deemed “Materials” for intellectual property purposes.
Subject to your compliance with these Terms, Alphacast grants you a limited, personal, non-exclusive, revocable, and non-transferable license to access and display the Materials and to use the Site and Services for your personal or authorized business use. Except for this limited license, no rights are granted in the Site, Services, or Materials. You may not copy, modify, reverse engineer, create derivative works of, distribute, rebrand, sublicense, or otherwise exploit any part of the Site, Services, or Materials without Alphacast’s prior written consent. Any unauthorized use automatically terminates the license and may result in suspension or termination of your account.
You may use, copy, and distribute Datasets (including enabling Alphacast to process, host, and distribute such Datasets in connection with the Services) only as permitted by the licenses or terms that apply to those Datasets. You are solely responsible for identifying and complying with the license terms governing any Dataset you upload, use, or distribute. Alphacast may remove or restrict access to any Dataset, chart, dashboard, or derivative work at any time if required by law, contractual obligation, or at Alphacast’s discretion. Such removal may affect your searches, projects, pipelines, dashboards, or saved work, and Alphacast will have no liability for any resulting impact.
When publishing or sharing charts, dashboards, or other visualizations created with the Services, you must retain visible attribution to Alphacast (e.g., “Powered by Alphacast”) as provided by the platform. You may not use charts, dashboards, or other Materials in a manner that replicates or competes with the Services or suggests endorsement by Alphacast without prior written permission.
If you elect to use Alphacast’s application programming interfaces (“APIs”), then subject to your compliance with these Terms and our API documentation (“Documentation”), including the payment of all applicable fees, Alphacast grants you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and use the APIs and Documentation solely to integrate your own applications, systems, or workflows (“Member Applications”) with the Services for your internal business purposes. Use of the APIs for timesharing, reselling, or to provide services substantially similar to Alphacast is strictly prohibited.
You acknowledge and agree that your use of the APIs may be subject to technical limits, rate limits, or usage thresholds imposed by Alphacast from time to time. Alphacast may monitor your use of the APIs to ensure stability, quality, and compliance with these Terms. Each Member Application must remain compatible with the current version of the APIs. Implementations relying on outdated versions may lose functionality, and Alphacast reserves the right to discontinue support for deprecated versions without liability.
You are solely responsible for obtaining and maintaining all necessary rights, licenses, and permissions for any Member Application you develop, and you represent and warrant that your integration will not infringe the intellectual property, privacy, or other rights of third parties. Alphacast may modify, suspend, or terminate your access to the APIs, or any portion thereof, at any time with or without notice, including if such use poses a security or operational risk, violates these Terms, or circumvents usage limits.
Any attempt to copy, repackage, resell, or redistribute Alphacast’s APIs or the data retrieved therefrom, outside of the licensed use described herein, is strictly prohibited and may result in suspension or termination of your account.
To become a Member and access password-restricted areas of the Site or certain Services, you must register for an account by providing basic information such as your name, email address, and a secure password. If your chosen subscription plan requires payment, you will also be required to provide payment details, which will be collected and processed by Alphacast’s authorized third-party payment processor (and not stored directly by Alphacast). You may optionally provide additional profile information (such as biography, website, display name, organization, or avatar) to personalize your experience, but this is not required. All registration and profile information you provide will be handled in accordance with our Privacy Policy, which is incorporated into these Terms by reference. Alphacast reserves the right, in its sole discretion, to approve or reject account registrations. Once approved, you will be permitted to access your account using your login credentials. You are responsible for maintaining the confidentiality of your password and for all activities that occur under your account.
You may also register or log in using credentials from third-party services such as Google, GitHub, LinkedIn, or Twitter (each, a “Third-Party Service”). By doing so, you authorize Alphacast to access certain profile information from the relevant Third-Party Service in accordance with that service’s terms and privacy settings. Your use of any Third-Party Service is governed solely by the terms and conditions of that service, and Alphacast is not responsible for any disclosure, modification, or deletion of your information by such third parties. Alphacast will never post to a Third-Party Service on your behalf without your explicit permission.
You agree to provide accurate, complete, and current information when registering for an account or otherwise providing information through the Site or Services. You are responsible for maintaining and promptly updating your account information to keep it accurate and complete at all times. Inaccurate, incomplete, or outdated information may result in suspension or termination of your account and access to the Services. You may review, update, or delete certain information directly through your account settings, subject to our Privacy Policy.
If you join Alphacast as part of a team, company, or other group (an “Organization”), your access to the Services and any Submissions you make in connection with that Organization (including Datasets, projects, pipelines, dashboards, or other content) are controlled by the Organization. The Organization (through its administrators or owners) determines policies and settings that may affect your use of the Services, including provisioning or revoking your access, managing permissions, enabling or disabling integrations, and controlling retention, export, or deletion of Submissions. By participating in an Organization, you consent to the Organization and its administrators accessing and managing your activity and Submissions related to that Organization.
Responsibilities of Organization Administrators. If you are an administrator or owner of an Organization, you are solely responsible for: (a) informing invited Members of your policies and practices, as well as any settings that may affect their Submissions; (b) obtaining all rights, consents, and permissions necessary for the lawful use of Submissions within your Organization; (c) ensuring that each invited Member has their own credentials and that credentials are not shared among users; and (d) responding to and resolving any disputes with Members relating to Submissions, the Services, or your failure to fulfill these obligations. Alphacast is not responsible for managing disputes between Organization Members.
If you select the option to be an “Experimental” Member on the Site to test new Services and features of the Site, you understand that such Services and features are not commercial release versions and as pre-release Services and features, have not been fully tested. Without limiting any disclaimer of warranty or other limitation stated herein, you agree that these “Experimental” Services and features are not considered by the Company to be suitable for commercial use, and that they may contain errors affecting their proper operation and/or may cause disruptions.BY ACCEPTING THESE TERMS, YOU ACKNOWLEDGE AND AGREE THAT USE OF SUCH EXPERIMENTAL SERVICES AND FEATURES MAY CAUSE SPORADIC DISRUPTIONS THAT HAVE THE POTENTIAL TO DISRUPT YOUR USE OF THE SITE IN GENERAL AND ANY SERVICES THAT MAY BE OFFERED THROUGH THE SITE. THE COMPANY SPECIFICALLY DISCLAIMS ALL DAMAGES RESULTING FROM YOUR USE OF ANY EXPERIMENTAL SERVICES OR FEATURES.Moreover, you acknowledge that we may modify or discontinue Experimental Services or features at any time and may chose not to release such Services or features as part of a commercial release or, if included in a future release, such commercial release may not contain functionality or operate in a manner similar to the Experimental Service or feature.
Alphacast offers different subscription plans for individuals, teams, and enterprise clients. As an administrator, you may register a plan on behalf of your organization and invite team members, employees, contractors, or other authorized users (each, a “Team Member”). Enterprise-level subscription plans provide additional Services, features, and management tools and can be arranged directly by contacting hello@alphacast.io. Details of available subscription plans, features, and applicable fees are described on the Pricing page and within your account settings.
You may not register for more than one free trial or free subscription plan.
Unless otherwise agreed with Alphacast, subscription fees are billed in advance and are non-refundable. You may upgrade, downgrade, or modify your plan (including adding or removing Team Members) at any time, with changes taking effect on your next billing cycle. Additional Team Members beyond the base number included in your plan will be billed on a pro rata basis and added to your renewal going forward. If you remove Team Members, the adjustment will apply beginning on your next renewal date; no refunds or credits are issued for partial months or unused Services.
Enterprise subscription plans may include additional terms related to payment, usage, and service levels, which will be set out in a separate written agreement. In the event of any conflict between these Terms and an enterprise agreement, the enterprise agreement will control.
You agree to pay all fees associated with the subscription plan you select, as described on the Pricing page, in your account settings, or as otherwise communicated by Alphacast. All payments must be made in U.S. Dollars. By providing a payment method, you authorize Alphacast and its third-party payment processors to charge your selected payment method for applicable subscription fees, taxes, and any other charges incurred in connection with your plan at the frequency specified (monthly, yearly, or otherwise).
Unless otherwise stated, all fees are billed in advance and are non-refundable. Subscription plans automatically renew at the end of each billing cycle (monthly or annually, depending on your plan) unless you cancel before the renewal date. If you sign up for a plan that includes a free trial, your payment method will be charged at the end of the trial period unless you cancel before that date. Subscriptions must be cancelled through your Account Settings before renewal to avoid future charges. Cancelled subscriptions remain active until the end of the paid term; no refunds or credits are issued for partial periods.
If your payment is thirty (30) days or more overdue or your payment method cannot be processed, Alphacast may, after ten (10) days’ written notice, downgrade your account to a free plan or trial. Following such downgrade, access to paid features will cease and your Datasets, account capacity, and Submissions may be impacted. You are solely responsible for exporting or adjusting your Datasets prior to downgrade. Alphacast is not liable for losses resulting from any downgrade due to late or failed payment.
Alphacast reserves the right to change pricing for subscription plans at any time by posting updated pricing on the Pricing page or by notifying you directly. Pricing changes will apply at the start of your next renewal period. Alphacast may also discontinue free plans or trials at any time without liability, and may terminate paid subscriptions effective at the end of the current billing cycle by providing advance notice.
All fees are exclusive of any applicable sales, use, value-added, import, export, or similar taxes, duties, tariffs, or governmental charges (collectively, “Taxes”). You are solely responsible for paying any Taxes associated with your use of the Site or Services. If Alphacast is required to collect or pay Taxes on your behalf, you agree to promptly reimburse Alphacast for the full amount paid. You agree not to withhold or deduct any Taxes from amounts due to Alphacast, and any such deductions will not reduce your payment obligations.
Unless otherwise expressly agreed in a separate written enterprise agreement, Alphacast makes no guarantees regarding uptime, availability, or response times of the Services. Access may be interrupted for maintenance, upgrades, or circumstances beyond Alphacast’s reasonable control. No credits or refunds will be provided for downtime except where explicitly provided under a separate service level agreement.
From time to time, third parties may make available certain software, datasets, or services that interoperate with the Services (“Third-Party Offerings”). Your acquisition, use, and exchange of data with any provider of a Third-Party Offering is solely between you and the applicable provider. Alphacast does not warrant, endorse, or support any Third-Party Offering, regardless of whether it is described as “certified,” “verified,” or otherwise. If you enable or install a Third-Party Offering, you acknowledge that Alphacast may allow the provider to access your Datasets or Submissions as required for interoperability. Alphacast is not responsible for any disclosure, modification, deletion, or misuse of your Datasets by such providers. You are responsible for obtaining all rights and licenses necessary to use Third-Party Offerings. If a Third-Party Offering is discontinued or no longer interoperates with the Services, Alphacast may cease related functionality without any obligation to provide refunds, credits, or compensation.
Some Materials available through the Site may include datasets, content, or other works provided by third-party licensors or Members (“Third-Party Content”). Such Third-Party Content may be subject to additional license terms that govern your use of it. Submissions, including datasets uploaded by you or others, may be subject to multiple, distinct licenses. You are solely responsible for identifying, understanding, and complying with the license terms applicable to any Submission you use that is not your own. Alphacast does not verify, endorse, or take responsibility for the accuracy, license scope, or suitability of Third-Party Content or Submissions, and makes no representation as to whether combining or using them together will be compatible, lawful, or error-free. You assume all risk from your use of Third-Party Content or Submissions.
The Site may contain links to or integrate with third-party websites or platforms (“Third-Party Sites”), including sign-in services (e.g., Google, GitHub, LinkedIn, Twitter) and other social, blogging, or Q&A platforms. Your use of Third-Party Sites is governed solely by their respective terms, conditions, and privacy policies. Alphacast does not control and is not responsible for the truthfulness, accuracy, quality, legality, or availability of content, services, or activities on Third-Party Sites. You should not provide personal or sensitive information (including passwords) to any Third-Party Site unless you know and trust the provider. Any reference on the Site to a third-party product, service, or organization does not constitute Alphacast’s endorsement or recommendation. YOU AGREE THAT ALPHACAST WILL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE, LOSS, OR HARM ARISING FROM YOUR USE OF OR RELIANCE ON THIRD-PARTY SITES, THIRD-PARTY CONTENT, OR THIRD-PARTY OFFERINGS.
A “Submission” is any information, description, text, data, metadata, opinions, Datasets, projects, messages, comments, collaborations, tags, queries, searches, images, photos, videos, graphics, sounds, code, AI prompts or outputs, and any other content or material that you submit, upload, post, share, or otherwise make available through the Site or Services. You are solely responsible for all Submissions you provide, including their legality, reliability, and appropriateness. You may not upload or share material protected by copyright, trademark, privacy, or other proprietary rights without permission from the rightful owner. You are liable for any damage, claim, or cost arising from your Submissions, including infringement of third-party rights or violations of law.
Unless otherwise stated in these Terms, the Privacy Policy, or an enterprise agreement, Submissions made on the public areas of the Site are considered non-confidential and non-proprietary. By submitting such Submissions, you grant Alphacast a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully paid-up license (with the right to sublicense) to host, use, reproduce, process, adapt, publish, display, transmit, distribute, and create derivative works of your Submissions in any media, for the purpose of providing and improving the Services. If your Submission is private, Alphacast receives a limited license to process and display it solely to provide the Services and as otherwise required by law. Alphacast may adapt or reformat Submissions as necessary to transmit or display them across networks, devices, and integrations.
If you submit content that you own, you may choose a license under which that content is made available. If you submit third-party content, you are required to identify and comply with the license governing that content, and you must not submit any content that requires payment of royalties or imposes obligations on Alphacast or other users beyond what these Terms allow. By making a Submission, you represent and warrant that: (a) you have the necessary rights and permissions to submit the content and grant the rights described in these Terms; (b) your Submission will not subject Alphacast or its Services to copyleft, share-alike, or similar restrictive terms; and (c) your Submission is either your original work or properly licensed to you under valid terms. You agree to indemnify Alphacast and its affiliates, officers, employees, and users against any claims, damages, or costs (including legal fees) resulting from your breach of these warranties or failure to identify correct license terms.
Submissions may be private (accessible only to you and Members you invite within your Organization) or public (viewable by all users of the Site). YOU AGREE NOT TO MAKE ANY SUBMISSION PUBLIC THAT CONTAINS PERSONAL INFORMATION OR DATA THAT RELATES TO AN IDENTIFIED OR IDENTIFIABLE PERSON (“PERSONAL INFORMATION”) UNLESS YOU HAVE COMPLIED WITH ALL APPLICABLE LAWS, INCLUDING PRIVACY AND DATA PROTECTION LAWS, AND OBTAINED ALL NECESSARY CONSENTS.
“Regulated Data” means information subject to legal or regulatory restrictions, including but not limited to: full payment card data; national ID numbers (e.g., Social Security Numbers); health data protected under HIPAA or similar laws; personal information of children under 13; or financial account information of natural persons. YOU MUST NOT MAKE ANY REGULATED DATA PUBLIC, AND YOU MAY ONLY SUBMIT SUCH DATA PRIVATELY IF YOU HAVE A SEPARATE WRITTEN AGREEMENT WITH ALPHACAST COVERING ITS HANDLING. Without such an agreement, you may not upload or process Regulated Data through the Services.
Alphacast does not actively monitor Submissions but reserves the right to remove or restrict access to any Submission at its discretion, including if it believes the Submission violates these Terms or applicable law. Alphacast may also disclose Submissions if required by law or in response to valid legal requests. You are solely responsible for backing up and retaining copies of your Submissions, as Alphacast is not liable for any loss or deletion of Submissions.
You agree that neither your use of the Services nor your Submissions shall involve or result in any of the activities described below (“Unauthorized Activities”). These prohibitions do not obligate Alphacast to monitor or police Submissions, but Alphacast reserves the right to take action if it becomes aware of such conduct.
When using the Site and Services, you agree not to:
This list provides examples and is not exhaustive. Alphacast may, at its sole discretion and with or without notice, suspend or terminate your account, remove Submissions, or restrict access to the Services for conduct it deems inappropriate, disruptive, or unlawful. Alphacast may report suspected illegal activities to law enforcement and cooperate in related investigations.
Unauthorized use of Alphacast Materials, APIs, Datasets, or Submissions may violate intellectual property, data protection, financial regulation, or other applicable laws. You agree to indemnify and hold Alphacast, its officers, directors, employees, affiliates, agents, licensors, and partners harmless from any claims, damages, or expenses (including legal fees) arising out of or related to your violation of these Terms, including Unauthorized Activities, or any use of the Services by a person accessing them with your account credentials.
You agree to comply with all applicable laws, regulations, and third-party rights in connection with your use of the Services, including without limitation data protection laws, financial regulations, and intellectual property laws. You are solely responsible for ensuring that your use of the Services is lawful in your jurisdiction.
Alphacast may suspend or terminate your account, access to the Services, or remove Submissions at any time, with or without notice, if: (a) you breach these Terms; (b) your account remains inactive for an extended period; (c) your use poses a security risk to Alphacast or others; (d) required by law; or (e) for any other reason in Alphacast’s sole discretion. Upon termination, your right to access the Services ceases immediately. Alphacast may retain, delete, or anonymize your Submissions and account data in accordance with its Privacy Policy and applicable law.
Alphacast retains personal data and Submissions only for as long as necessary to provide the Services, to comply with legal obligations, or to resolve disputes. Following termination or deactivation of your account, Alphacast may delete, anonymize, or archive your Submissions, except where retention is legally required or explicitly agreed in writing. Alphacast is not liable for any loss of data following termination or expiration of your account.
The Services and related documentation (including APIs) are “commercial items” developed exclusively at private expense, consisting of “commercial computer software” and “commercial computer software documentation” as those terms are defined in applicable acquisition regulations, including Federal Acquisition Regulation (“FAR”) 2.101 and FAR Part 12. If you are using the Services on behalf of the U.S. Government or any agency thereof (the “U.S. Government”), the Services and related documentation are provided (i) solely as commercial items and (ii) with only those rights granted to other commercial end users under these Terms. If acquired by or on behalf of a civilian agency, the U.S. Government obtains rights subject to FAR 12.211 (Technical Data) and FAR 12.212 (Computer Software). If acquired by or on behalf of the Department of Defense, the U.S. Government obtains rights subject to DFARS 227.7202-3 and 227.7202-4. This section supersedes any other FAR, DFARS, or other clause that would grant the U.S. Government additional rights beyond those expressly provided herein. If these Terms do not meet the U.S. Government’s minimum needs or are inconsistent with applicable procurement law, the Government must notify Alphacast in writing.
You may not use or access the Services if you are located in a country or territory subject to U.S. government embargoes or on any restricted parties list maintained by the U.S. government or other applicable jurisdictions. You represent and warrant that you are not subject to such restrictions. You must not access or use the Services in violation of export, re-export, or sanctions laws of the United States or other applicable jurisdictions.
“Alphacast” and the Alphacast logo are trademarks of Alphacast, Inc. in the United States and other jurisdictions. Other product names, trademarks, logos, or service marks displayed on the Site are the property of their respective owners.
Unless otherwise specified, all content appearing on the Site, including documents, text, graphics, logos, icons, images, site design, services, APIs, and related documentation, as well as the arrangement thereof, are the exclusive property of Alphacast or its licensors. All rights not expressly granted are reserved. Except as required by law or expressly permitted in these Terms, reproduction, distribution, modification, retransmission, or publication of any Materials is strictly prohibited without prior written consent of the applicable rights holder.
Alphacast respects the intellectual property rights of others and expects all Members and visitors to do the same. Infringing activity will not be tolerated. Members are responsible for ensuring their Submissions comply with copyright, trademark, and related laws. Alphacast may suspend or terminate access for users who repeatedly infringe the rights of others.
If you believe that your work has been copied or used in a way that constitutes copyright or trademark infringement, please send a written notice containing the following information: (i) a physical or electronic signature of the person authorized to act on behalf of the owner of the right allegedly infringed; (ii) identification of the copyrighted or trademarked work claimed to have been infringed, or, if multiple works are involved, a representative list; (iii) identification of the material that is claimed to be infringing and information reasonably sufficient to permit Alphacast to locate it; (iv) your contact information, including address, telephone number, and email address; and (v) a statement, under penalty of perjury, that the information provided is accurate and that you are authorized to act on behalf of the rights owner.
Notices of claimed infringement should be sent to:
Alphacast, Inc.
Email: hello@alphacast.io
Please note: under Section 512(f) of the U.S. Copyright Act, any person who knowingly and materially misrepresents that material or activity is infringing may be liable for damages.
You agree not to disclose or use Alphacast’s non-public information, including technical, financial, or business information disclosed to you in connection with the Services, except as required by law or with Alphacast’s prior written consent. Alphacast may treat any misuse or unauthorized disclosure of such information as a breach of these Terms.
If you voluntarily provide comments, ideas, questions, suggestions, or other feedback to Alphacast about the Site, Services, Materials, APIs, features, or functionality (collectively, “Feedback”), you agree that such Feedback is non-confidential and non-proprietary. You grant Alphacast a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully paid license (with the right to sublicense) to use, host, reproduce, process, adapt, modify, create derivative works from, publish, display, perform, distribute, and otherwise exploit the Feedback for any purpose, without attribution or compensation to you. Alphacast is under no obligation to implement or display any Feedback.
Alphacast may reference and use your name, logo, and trademarks, and may disclose the general nature of the Services provided to you for business development and marketing purposes, including on the Site, unless you notify Alphacast in writing to restrict such use.
YOUR USE OF THE SITE, SERVICES, MATERIALS, APIS, AND SUBMISSIONS IS AT YOUR SOLE RISK. THE MATERIALS AND SUBMISSIONS (INCLUDING LICENSE NOTICES PROVIDED BY OTHERS) MAY CONTAIN ERRORS OR OMISSIONS AND MAY BE INACCURATE, OUTDATED, OR INCOMPLETE. ALPHACAST DOES NOT VERIFY THIRD-PARTY LICENSE TERMS AND DOES NOT WARRANT THE ACCURACY, TIMELINESS, OR COMPLETENESS OF MATERIALS OR SUBMISSIONS. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING AND COMPLYING WITH LICENSE TERMS APPLICABLE TO ANY SUBMISSIONS YOU ACCESS OR USE, AND FOR ENSURING COMPATIBILITY WITH YOUR INTENDED USE.
EXCEPT AS EXPRESSLY STATED IN A SEPARATE WRITTEN AGREEMENT, THE SITE, SERVICES, APIS, MATERIALS, AND SUBMISSIONS ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” WITHOUT ANY EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ALPHACAST DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ERRORS WILL BE CORRECTED, OR THAT THE SITE OR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALPHACAST MAY MODIFY OR DISCONTINUE ANY PART OF THE SITE, SERVICES, OR APIS AT ANY TIME WITHOUT LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALPHACAST WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS, USE, GOODWILL, OR OTHER ECONOMIC ADVANTAGE, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SITE, SERVICES, APIS, MATERIALS, OR SUBMISSIONS, EVEN IF ALPHACAST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, ALPHACAST IS NOT RESPONSIBLE FOR (A) DELAYS OR INABILITY TO ACCESS OR USE THE SERVICES; (B) RELIANCE ON MATERIALS OR SUBMISSIONS (INCLUDING SUGGESTED LINKS OR TAGS); (C) VIRUSES OR MALICIOUS CODE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF SUBMISSIONS; (E) INFORMATION SENT OR NOT SENT; (F) TRANSACTIONS ENTERED INTO THROUGH THE SITE; (G) INFRINGEMENTS OF RIGHTS BY THIRD PARTIES; (H) OBJECTIONABLE OR ILLEGAL SUBMISSIONS OR CONDUCT OF OTHERS; (I) REMOVAL OR UNAVAILABILITY OF MATERIALS OR SUBMISSIONS; OR (J) TERMINATION OR SUSPENSION OF ACCESS.
ALPHACAST PROVIDES AN INTERACTIVE COMPUTER SERVICE AND IS NOT A PUBLISHER OF MEMBER OR VISITOR CONTENT. IF, NOTWITHSTANDING THE ABOVE, A COURT HOLDS ALPHACAST LIABLE, ALPHACAST’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SITE, SERVICES, APIS, MATERIALS, OR SUBMISSIONS (WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) WILL NOT EXCEED THE AMOUNTS YOU PAID TO ALPHACAST FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR US$1,000 IF NO SUCH PAYMENTS WERE MADE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; IN SUCH CASES, THE ABOVE LIMITATIONS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
The Site is controlled and operated from the United States. Access to the Services may not be appropriate or available in all locations. If you access the Site from outside the United States, you are responsible for compliance with U.S. and applicable local laws, including laws governing the content of Submissions and data usage.
Please read carefully—this affects your rights. Most concerns can be resolved quickly by contacting Alphacast Legal at hello@alphacast.io or by mail to: Alphacast, Inc., Attn: Legal, 9450 SW Gemini Dr, PMB 86512, Beaverton, OR 97008-7105, USA.
Agreement to Arbitrate. EXCEPT AS PROVIDED BELOW, ANY DISPUTE, CLAIM, OR CONTROVERSY BETWEEN YOU AND ALPHACAST ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES (“DISPUTE”) WILL BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION, RATHER THAN IN COURT. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN AWARD IS LIMITED.
Pre-Arbitration Resolution. Before initiating arbitration, you must send a written notice describing the Dispute and the relief sought to the notice address above. If the Dispute is not resolved within forty-five (45) days of receipt, either party may commence arbitration.
Opt-Out / Small Claims. You may opt out of arbitration within thirty (30) days of first accepting these Terms by mailing a signed, written opt-out notice to the address above. Either party may bring a qualifying claim in small claims court instead of arbitration.
Rules and Forum. Arbitration will be administered by the American Arbitration Association (“AAA”) under its applicable rules, or by JAMS under its Comprehensive Arbitration Rules & Procedures. The arbitration will be conducted by a single arbitrator. If AAA is selected: for claims under US$75,000, the AAA Consumer Rules apply; for claims of US$75,000 or more, the AAA Commercial Rules apply. Emergency relief procedures may apply as permitted by the applicable rules. This provision governs if it conflicts with the rules.
Governing Law; Location. Because these Terms evidence a transaction involving interstate commerce, the U.S. Federal Arbitration Act (FAA) governs the interpretation and enforcement of this arbitration provision. Substantive law consistent with the FAA will apply. Arbitration may be filed in Travis County, Texas, or in the U.S. federal judicial district of your billing address.
Fees and Award. Alphacast will pay the arbitration filing fees and arbitrator’s fees and expenses upon your written request made before the commencement of the arbitration. Each party bears its own attorneys’ fees unless applicable law provides otherwise. The arbitrator may award individual relief available under applicable law and must issue a written award. The award is final and may be entered in any court of competent jurisdiction.
Class Action and Jury Waiver. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OF MULTIPLE PERSONS OR PRESIDE OVER ANY FORM OF CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. BY AGREEING TO THESE TERMS, YOU AND ALPHACAST WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING, EXCEPT AS OTHERWISE PROVIDED ABOVE FOR OPT-OUT OR SMALL CLAIMS.
Severability; Survival. If any part of this arbitration provision (other than the class action waiver) is found unenforceable, the remainder will remain in effect. If the class action waiver is found unenforceable, this entire arbitration provision is void and Disputes will be resolved in court. This arbitration provision survives termination of these Terms.
These Terms are governed by the FAA, the laws of the State of Texas, and applicable U.S. federal law, without regard to conflicts of laws principles. The U.N. Convention on Contracts for the International Sale of Goods and UCITA do not apply. Except for Disputes subject to arbitration, the exclusive venue for disputes arising out of or relating to these Terms or the Site is in state or federal courts located in Travis County, Texas, and you and Alphacast consent to personal jurisdiction there.
By using the Site or Services, you consent to receive electronic communications from Alphacast, including notices about fees, transactions, and other information related to the Services. Such communications satisfy any legal requirement that they be in writing.
Alphacast will not be liable or responsible for any delay or failure in performance resulting from events outside its reasonable control, including but not limited to natural disasters, acts of government, internet or telecommunications failures, labor disputes, power outages, or acts of third parties. Performance is deemed suspended for the duration of the force majeure event.
These Terms are drafted in English. If translated into other languages, the English version shall prevail in case of conflict or inconsistency.
These Terms, together with the Privacy Policy and any documents incorporated by reference, constitute the entire agreement between you and Alphacast regarding the Site and Services and supersede all prior or contemporaneous agreements on the same subject. If any provision is found unenforceable, it will be interpreted to reflect the parties’ intent, and the remaining provisions will remain in full force. Alphacast’s failure to enforce any provision is not a waiver. You may not assign these Terms or any rights or obligations hereunder; Alphacast may assign them without restriction. The sections on proprietary rights, feedback, disclaimers, indemnities, limitations of liability, dispute resolution, and other provisions that by their nature should survive will survive termination.
You may not assign or transfer these Terms without Alphacast’s prior written consent. Alphacast may assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of assets.
Alphacast, Inc.
9450 SW Gemini Dr, PMB 86512
Beaverton, OR 97008-7105, USA
Email: hello@alphacast.io
© 2026 Alphacast, Inc. All rights reserved.
