Terms of Service
Last updated March 13, 2025
From everyone at Alby, thank you for using our products and/ or services! We build them to provide you a better experience for payments online. Many people are using Alby every day. Because we don't know every one of our users personally, we have to put in place some terms of service to help keep the ship afloat.
1. General These terms of service (“ToS”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you” or “User(s)”) and Alby Inc., (“Alby”, “we”, “us”, or “our”), concerning your access to and use of our various services and products. By accepting these ToS and accessing or using the Services and/or Products (as defined herein), you agree that you have read, understood, and accepted all of the terms and conditions contained in these ToS and our Privacy Policy, and that you are bound by these ToS. You affirm that you are at least 18 years old or the age of majority as required by your local law and have the capacity to enter into these ToS. If you are accessing the Products and/or Services on behalf of the company you work for, you also affirm that you have the proper authority and capacity to enter into these ToS on behalf of such company. Alby Inc. is a company incorporated in USA, with its registered office in Dover, 8 The Green STE A, Dover, DE 19901, United States entered into the corporate register maintained by the Delaware Division of Corporations.
2. Definitions In these ToS, the following terms, when capitalized, shall have the following meanings:
- (1) “Alby Account” – an account a user-specific registration created on the website, enabling access to and use of Services and/or Products provided by Alby;
- (2) “Alby API” – Alby’s set of tools and protocols that enable Users to integrate bitcoin lightning network functionalities into applications of their choice;
- (3) “Alby Browser Extension” – Alby’s browser-based software tool which enables Users to interact with bitcoin’s lightning network and other compatible services directly from selected web browser;
- (4) “Alby Online Communities” – Alby provides you with the access to online communities;
- (5) “Alby Cloud” – Alby’s cloud infrastructure that enables Users to manage, host and interact with Alby Hub;
- (6) “Alby Go” – Alby’s mobile-optimized wallet interface designed to enable Users to access and interact with Alby Hub;
- (7) “Alby Hub” – Alby’s server-optimized self-custodial, open source lightning wallet with functionality allowing for connecting to applications;
- (8) “Account ID” – shall have the meaning set forth in Section 3.2;
- (9) “Comments” – shall have the meaning set forth in Section 10;
- (10) “Consumer” – a natural person who: Performs a legal act with an entrepreneur that is not directly related to their business or professional activity, and/or enters into an agreement directly related to its business activity, when it is clear from the content of the agreement that it does not have a professional nature for that person, in particular due to the subject matter of the business activity it is engaged in;
- (11) “Content” – any content posted by Alby on the website or provided with the Services and/or Products, including in particular trademarks, service marks, trade names, logos, domain names, and other distinctive signs;
- (12) “Products” – shall have the meaning set forth in Section 3.1.;
- (13) “Services” – shall have the meaning set forth in Section 3.1.;
- (14) “Subscription Fee” – shall have the meaning set forth in Section 12;
- (15) “Subscription Term” – shall have the meaning set forth in Section 12;
- (16) “Suspension” – shall have the meaning set forth in Section 4;
- (17) “Your Data” – any data, including information, software, procedures, files, tools, systems, applications, infrastructure, the self-custodial Alby Hub app and any other items which you save, host, store, operate, use and/or disclose in the Alby Cloud.
3. Services and Products
3.1. General information Alby provides you with the following services (“Services”):
- (1) access to Alby Account,
- (2) access to Alby Online Communities,
- (3) access to Alby Cloud,
- (4) access to Alby API.
- (1) Alby Browser Extension,
- (2) Alby Hub,
- (3) Alby Go.
3.2. Your Alby Account The access to certain Services requires creating an account. To create an Alby Account, you will be asked to submit certain information about Yourself. The provided information must be valid, current, complete and accurate. You may not select or use personal information of another person with the intent to impersonate that person. You agree to maintain and promptly update the registration information to keep it accurate and current. Please note that we may deny your request to establish an Alby Account at our sole discretion. You are solely responsible for security of the e-mail and password for your Alby Account (“Account ID”). You must not transfer your Account ID to any third party. If you believe that your Alby Account has been compromised, you agree to notify us immediately. If you are an entity, you must be legally organized and operating under the laws of your jurisdiction. If you are an individual, you must not be located in, or under the control of, any sanctioned or embargoed jurisdiction or a jurisdiction where our services are restricted. If you are an entity, you must not be owned or controlled by anyone in such locations If you are an individual, you must not be on, or if you are an entity, not owned or controlled by anyone on, U.S. or international sanctions lists, including the Office of Foreign Assets Control's SDN list, the U.S. Department of Commerce's Denied Persons List, and similar watchlists. By making an account or using the Services, you represent and warrant that you meet all of the above conditions and comply with these ToS. If you stop meeting such conditions, you must immediately notify us and stop using your Account and the Services. We reserve the right to remove your Alby Account in such a case. We also reserve the right, to reclaim, or change a username (e.g. your lightning address) you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable. Even if you meet the above conditions, we may, in our sole discretion, determine that you’re not eligible to have an Alby Account or use the Services.
3.3. Alby Cloud We offer Alby Cloud “as is”, in particular we do not provide any service level commitments, however, we use our best effort to maintain high service levels and minimize downtimes. In case of any incident, we will strive to expeditiously resolve the incident and make reasonable assessment of the severity and call for certain elevated incident response. Any planned maintenance and downtime of Alby Cloud will be announced upfront. There might be emergency changes that leave no time for notifications to you. Service interruptions may happen due to unrecoverable underlying infrastructure failure from hardware providers or any components, services, connections that are outside Alby's control. Examples: Any force majeure incidents that impact the accessibility of cloud infrastructure locations of Alby, any performance and service level deviations due to targeted attacks on the platform by anyone or due to the breach of fair or projected usage patterns by users, distributed denial of service attack originating from any server or sudden burst of requests not in line with the previously known traffic patterns. By using Alby Cloud, you confirm that you have the technical knowledge necessary to ensure correct use of Alby Cloud and any software you’ve chosen to install in it, and that you will comply with the following rules. You are fully responsible for installing, operating, configuring, and maintaining any solutions or environments (such as applications and software). If you install software on Alby Cloud that cause issues or don’t follow the rules, you’re responsible for any problems or consequences that come up. Additionally, you are solely accountable for all data you install or store on Alby Cloud, including without limitation Your Data.
3.4. Alby Online Community These communities offer discussions, support, and insights on Alby’s Products, Services, bitcoin, and the lightning network.
3.5. Free Access to certain Products and Services The access to some of the Services and Products is available to all users without any fees. By using it, you acknowledge that such Services and Products may have limitations such as usage quotas, reduced data speeds, or limited access to features available in paid plans. These limitations are subject to change at our discretion. For more information, you can contact us. We reserve the right to modify the terms of use for such Products and Services at any time. These modifications may include changes to features, usage limits, and/or availability. We will notify you of significant changes via our website or, if we choose so, through direct communication. Continued use of such Products and Services after such changes will constitute acceptance of the updated terms. Please be informed that using all functionalities of our free Products and Services in accordance with their intended purpose may be subject to third-party fees. For more information see Section 13 (Third-party Fees) below. We reserve the right to suspend or terminate your access to such Products and Services at any time, without notice, for any reason, including but not limited to breach of these ToS. We have no obligation and shall not be liable to you or to any third-party for any modification, suspension or discontinuance of such Products and/or Services.
3.6. Paid Products and Services Some of the Products and Services are subject to fees on the terms and conditions described in the dedicated sections of documentation relating to such Products and Services. By using the Products and Services, you agree that we may collect fees. We reserve the right to modify these ToS at any time. Such modifications may include changes to features, usage limits, and/or availability.
3.7. No Financial and/or Crypto-Assets Services It’s important to note that we provide access to technology and technology only. Alby does not offer any financial services or services related to crypto-assets. In particular, we do not:
- (1) hold, manage, provide custody or administration, or otherwise control any crypto-asset for you or on your behalf;
- (2) provide any service that involves exchanging crypto-assets for other funds or exchanging funds for crypto-assets;
- (3) receive, transfer or execute any orders for crypto-assets for or on your behalf;
- (4) provide any services relating to placing crypto-assets;
- (5) provide any advisory and/or portfolio management services in relating to crypto-assets; and/or
- (6) provide any services that involve transfer of crypto-assets for or on your behalf.
3.8. Minimum Technical Requirements Using our Services and/or Products may require specific equipment. Before choosing a Service and/or Product, you should ensure that your equipment meets the minimum technical requirements outlined in Appendix 1. We are not responsible for any inability to use the Service and/or Products caused by your equipment including its failing to meet these technical requirements.
4. Our Rights and Responsibilities We undertake to provide services on the terms and conditions set out in these ToS. Alby can:
- (1) temporarily suspend the availability of any Service and/or Products due to technical reasons, including, without limitation, maintenance, updating, or upgrading of the website or the Services;
- (2) communicate with you, including via e-mail, in connection with the Services and/or Products;
- (3) terminate the Service in the event of a lack of payment of any fees, including the Subscription Fee;
- (4) change the specifications and functionalities of the Services and/or Products through changing these ToS;
- (5) change the fees, including the Subscription Fee for the Services.
- (1) we become aware that your use of the Services and/or Products violates the ToS or that any of your warranties are untrue, and you do not remedy the violation within 7 days of receiving our notice;
- (2) we reasonable believe that Suspension is needed to protect Services and/or Products, our infrastructures or any other our client, for instance due to attack or risk of attack;
- (3) we reasonably believe that unauthorized person obtained access to the Services and/or Products;
- (4) we reasonably believe that Suspension is needed to comply with laws;
- (5) judicial or administrative authorities request to do so.
5. Your Rights and Responsibilities From the moment you start using our Services and/or Products, you should:
- (1) use the Services and Products in accordance with its purpose and the ToS;
- (2) refrain from actions which may violate, misappropriate, or infringe the rights of Alby, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights;
- (3) conduct reasonable actions to prevent any unauthorized use of and/or access to the Services and/or Products and promptly inform us about such unauthorized use of and/or access;
- (4) keep a backup of all credentials, including the unlock password, the recovery phrase, private keys and other sensitive information related to the Products and Services and to keep this backup outside of the Products and Services;
- (5) ensure the security and confidentiality of Your Account ID and will notify Alby immediately by email at support@getalby.com, if any Account ID is lost, stolen or otherwise compromised;
- (6) refrain from actions that could negatively affect the Services and/or Products or make any interference in the Services and/or Products;
- (8) refrain from providing and/or uploading any unlawful content to the website and the Services and Products;
- (9) comply with generally applicable laws;
- (10) not modify, remove, copy, alter, or otherwise manipulate the security, coding, any part of the Services and/or Products in any way unless these ToS states otherwise;
- (11) refrain from engaging in any activities that require a permit, authorization, or license, as required by applicable law for both Alby and yourself;
- (12) refrain from misusing the Services and/or Products, including but not limited to engaging in illegal activities, including, without limitation, infringing on intellectual property rights, or conducting any activity that disrupts or interferes with the operation of the Services;
- (13) refrain from actions that are illegal, defamatory, threatening, intimidating, harassing or involve impersonating someone;
- (14) refrain from sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialing, and the like;
- (15) refrain from avoiding, bypassing, removing, deactivating, impairing, descrambling or otherwise circumventing any technological measure implemented by us or any of our service providers or any other third party (including another user) to protect the Products and Services;
- (16) refrain from interfering with, or attempting to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing;
- (17) refrain from encouraging or enabling any other individual to do any of the foregoing. You are fully responsible for how you use the Products and Services and for all activities that occur on your Account, whether or not you know about them including but not limited to private keys, recovery phrases, individual transaction records, channels on the lightning network, passwords, etc. You are responsible for the use of Products and Services by any user who accesses Products and/or Services with your account credentials. You are responsible for obtaining all necessary rights and permissions to permit processing of your content and/or Your Data in Alby Cloud. By using the Services and Products you may save, host, store, operate, use and/or disclose Your Data. You are obliged to back up Your Data. You should ensure that you have the means to restore Your Data or settings in Alby Cloud or another environment at any moment. Please be informed that if you do not maintain a backup outside of the Products and Services, you may lose all data stored in the Products and Services and you will not be able to access the assets previously accessed using Products and Services.
6. Password Management With respect to the Products, Alby does not receive or store the unlock password, nor any recovery phrase or private keys. Alby cannot assist you with password retrieval. You are solely responsible for remembering, storing and keeping secret the password and recovery phrase. The assets you have associated with the Products may become inaccessible if you do not know or keep secret your password, private keys and recovery phrase. Any third party with knowledge of one or more of your credentials (including, without limitation, a recovery phrase or password) can access the assets via your Products or recover your funds in another app and initiate transactions. When you use the Products and Services, we strongly recommend that you:
- (1) create a strong password that you do not use for any other website or online service;
- (2) protect and keep secret all credentials such as the recovery phrase;
- (3) protect access to the used Products and Services;
- (4) promptly notify us if you discover or otherwise suspect any security breaches related to the Products and Services;
- (5) provide accurate and truthful information; and
- (6) create a backup of the recovery phrase and password.
7. Third-party Tools We may provide you with access to third-party tools or software which we neither monitor nor have any input or control over. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of third-party tools. Any use by you of optional tools offered through the Products and Services is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
8. Errors, Inaccuracies, and Omissions Occasionally there may be information in our Products and Services that contains typographical errors, inaccuracies or omissions that may relate to our Products and Services descriptions, pricing, and/or promotions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update if any information in our Products and Services is inaccurate at any time without prior notice. We undertake no obligation to update, amend or clarify information in our Products and Services, including without limitation, pricing information, except as required by law. No specified update or refresh date should be taken to indicate that all information in our Products and Services has been modified or updated.
9. Fee Credits If you failed to connect your Alby Account with self-custodial wallet such as Alby Hub, you will be unable to send and/or receive any transfers. As of January 3, 2025, all funds stored in your Alby Account before that date were added to your account as free credits. These fee credits are solely a digital representation of value within the Products and/or Services. Fee credits are only intended for the purchase and use of our Services and/or Products such as the subscription for Alby Cloud Infrastructure or for opening a lightning network channel during Alby Hub wallet setup. You understand and agree that:
- (1) Fee credits do not confer vested rights or entitlements to any property, crypto-assets or cash-equivalent value.
- (2) Fee credits are non-transferable and cannot be sold, assigned, exchanged, or otherwise transferred between accounts.
- (3) Alby reserves the right, at its sole discretion, to manage, regulate, modify, or eliminate credits, except as required by law. Alby will not be liable to you or any third party for the value or availability of any credits.
- (4) Fee credits may expire upon account termination or other specified conditions.
10. User Comments, Feedback, and Other Submissions If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, comments whether online, by email, by postal mail, or otherwise (collectively, "Comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, use commercially and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation:
- (1) to maintain any comments in confidence;
- (2) to pay compensation for any comments; or
- (3) to respond to any comments.
- (1) may violate, misappropriate, or infringe the rights of any Alby entity, our users, or others, including privacy, personality, publicity, intellectual property, or other proprietary rights;
- (2) are defamatory, threatening, intimidating, or harassing;
- (3) involve impersonating someone;
- (4) breach any duty toward or rights of any person or entity, including rights of publicity, privacy, or trademark;
- (5) involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialing, and the like;
- (6) interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing;
- (7) contain any computer virus or other malware that could in any way affect the operation of Products and/or Services or any related website;
- (8) are offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or this ToS;
- (9) use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments;
- (10) violate any applicable law or regulation; or
- (11) encourage or enable any other individual to do any of the foregoing.
11. Intellectual Property
11.1. License to the Product and Services The Products and Services are protected by intellectual property laws and treaties around the world. Alby grants to you a perpetual, worldwide license to use (1) Alby Hub pursuant to the Apache-2.0 license terms and (2) the Alby Browser Extension and Alby Go pursuant to the MIT license terms. The aforementioned terms pertain solely to the mentioned Products and do not limit your rights under, or grant you rights that supersede, the license terms of any other Product and/or Service. In relation to the other Products and Services we grant you a limited, non-exclusive, revocable, non-transferable, non-sublicensable right to use the Products and Services in accordance with its functionality, and for your own internal purposes in the scope of displaying, modifying and applying its functions. The license will expire automatically upon termination or expiration of the ToS. If the access and use of the Services is paid, we grant you the license for the Subscription Term. The license will expire automatically upon termination or expiration of the ToS. The license will automatically renew for another Subscription Term whenever you pay the Subscription Fee. Unless otherwise expressly stated in these ToS, you must not use any Service or Product or part of it for any commercial purposes without obtaining a license to do so from us. We retain all ownership and intellectual property rights to the Services and Products including, derivative works thereof, and anything developed or delivered by or on behalf of us under this ToS.
11.2. Control and Ownership of the Content We retain all ownership and intellectual property rights to the Content. The use of the Content in any way other than for the purpose of using the Services and/or Products, including, in particular, copying or distributing it, requires the prior consent of Alby. These ToS do not grant any rights to use any such brand features whether for commercial or non-commercial use. You retain all ownership and intellectual property rights in and to Your Data which you provide or publish using the Services and/or Products. This means you retain full ownership of the self-custodial Alby Hub when you use it with Alby Cloud. Alby has no control over Your Data that you provide to form any transaction using the Products; or how transactions are processed. You should, at your own expense, indemnify, and hold Alby harmless against all claims and actions brought by any third party alleging that Your Data and/or any content provided by you through the use of the Services and/or Products infringes any of their intellectual property rights (including but not limited to rights in the registration of patents, industrial designs, and/or copyrights). If such claims are raised and/or pursued against Alby, you will pay (i) any amounts (including, in particular, any litigation costs and costs of legal services) awarded to a third party in an enforceable judgement, (ii) all amounts payable to a third party pursuant to a settlement concluded with such third party, and (iii) compensation for damages suffered by Alby. You should promptly inform us if such claim occurs and provide Alby with all necessary information so that Alby can act effectively to dismiss the claim.
12. Term and Fees We offer paid Products and Services through a monthly or annual subscription model (“Subscription Term”) as well as one-time and voluntary payments. You will gain access to subscription-based Products and Services upon payment of the applicable fee (“Subscription Fee”), which will be automatically deducted from your Alby Hub spending balance at the start of each Subscription Term. One-time payments grant access to specified Products or Services for a defined period or as otherwise stated at the time of purchase. Voluntary payments, such as tips or donations, are entirely optional and do not grant access to additional features unless explicitly stated. Information about current Subscription Fees, one-time payment options, and voluntary payments is available on our website or in our Products or Services. We have been notifying user accounts for over a year to withdraw surplus funds from their legacy Alby Account with a shared wallet created 2023 and before. To manage these inactive accounts effectively, we reserve the right to deduct the entire remaining balance from a user’s legacy Alby Account with a shared wallet after 12 consecutive months of inactivity, defined as no completed transactions during that period. This fee applies only to inactive legacy Alby Accounts with a shared wallet created 2023 and before and does not affect active or inactive Alby Hubs, fee credits, or other wallets connected to an Alby Account. If you have any doubts about whether your balance is affected, please contact us at support.getalby.com.
13. Third-party Fees You may incur charges from third parties by using the Products. One example is network fees required to use an asset's network applicable to an asset transaction. Alby may attempt to calculate such a fee for you. Our calculation may not be sufficient, or it may be excessive. Please note that network and network fees are out of our control. You are solely responsible for selecting and paying any such fee and Alby shall not advance or fund such a fee on your behalf. Alby is not responsible for any miscalculations of fees and will not cover any excess or insufficient fee amounts. Some of our Products and/or Services may include services rendered by lightning service providers, such as those providing incoming liquidity when you use Alby Hub. In these cases by using such Services and Products you enter into contractual relationship with the lightning service provider. We will inform you about it in advance. If lightning service provider services are included in the paid Services, we may collect their fees on your behalf as a part of Subscription Fee. If lightning service provider services are included in the Products, you are solely responsible for paying any fees for such services. In any case Alby cannot be held liable by you for any issues arising from the use of lightning service providers including impaired payment routing, high routing fees, or unwanted channel closures and will not reimburse any fees or costs associated with these services.
14. Personal Information Your submission of personal information through the Products and/or Services is governed by our Privacy Policy at https://getalby.com/privacy-policy.
15. No Tax, Legal, Financial or Investment Advice You should not interpret any content provided by the Products and/or Services as tax, legal, financial, crypto-assets or investment advice. We have no special relationship with or fiduciary duty to You and Your use of the Products and/or Services does not create such a relationship. You agree and acknowledge that you are solely responsible for conducting legal, accounting and other due diligence review on the information posted by the Products and/or Services.
16. Warranties We strive to provide the best-in-class service. HOWEVER, OUR PRODUCTS AND SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE PRODUCTS AND SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PRODUCTS AND SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE PRODUCTS AND SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO PRODUCTS AND SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF PRODUCTS AND SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND ANY AND ALL PERSONAL INFORMATION OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PRODUCTS AND SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE PRODUCTS AND SERVICES BY ANY THIRD PARTY, OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA PRODUCTS AND SERVICES. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS AND SERVICES. ALBY MAKES NO GUARANTEE THAT YOUR USE OF THE PRODUCTS AND SERVICES WILL COMPLY WITH ANY APPLICABLE LAW OR REGULATION.
17. Limitation of Liability Although the highest security standards are implemented, Alby is not liable for any temporary and unexpected malfunctions of the website, and/or Services and/or Products caused by cyber-attacks, accidental circumstances, natural disasters, force majeure, or other circumstances beyond our control. Subject to applicable law, Alby shall not be liable for interruptions or errors in the operation of our website or and/or Services and/or Products including, but not limited to, the following:
- (1) breach of the ToS by you or any person acting for or on your behalf through whom you use the Services and/or Products;
- (2) technical reasons attributable to you, including, in particular, failures of the devices which you use, as well as if you use the Services and/or Products through devices or software that are incompatible with the website or the Services;
- (3) overloads of the website, independent of Alby due to a computer system or network service, including in particular DoS (Denial of Service), DDoS (Distributed Denial of Service) or Brute Force;
- (4) causes attributable to third parties for which Alby is not responsible for, including third-party service providers, in particular delays or interruptions in data transmission over the Internet;
- (5) planned activities related to the change, addition, ongoing maintenance of the website or the Services and/or Products to the extent necessary to carry them out;
- (6) malformed transaction payloads created using our Products and/or Services. Once transaction details have been submitted to the network, we cannot assist you in cancelling or otherwise modifying the transaction or transaction details. Alby has no control over your assets stored with the use of Services and/or by the Products and does not have the ability to facilitate any cancellation or modification requests;
- (7) during the Suspension.
18. Indemnification You shall, at your own expense, indemnify, and hold Alby harmless against all claims, liabilities, accusations and actions that arise from or relate to your use of the Services and/or Products. If such claims are raised and/or pursued against Alby, you will pay (i) any amounts (including, in particular, any litigation costs and costs of legal services) awarded to a third party in an enforceable judgement and/or fines imposed by authorities or courts, (ii) all amounts payable to a third party and/or authorities and/or courts pursuant to a settlement concluded with such third party or authority, and (iii) compensation for damages suffered by Alby. You should promptly inform us if such claim occurs and provide Alby with all necessary information so that Alby can act effectively to dismiss the claim or accusations.
19. Changes to the ToS The most current version of the ToS is available at https://getalby.com/terms-of-service. We reserve the right, at our sole discretion, to update, change or replace any part of these ToS. If we do so, we will post the updated ToS on this website, and will also use commercially reasonable efforts to communicate such a change to you by sending the updated ToS to your e-mail address. It is your responsibility to check our website and emails periodically for changes. For example, we may change the ToS in the event of the occurrence of:
- (1) organizational and legal changes of Alby;
- (2) changes in applicable laws applicable to these ToS;
- (3) changes to the functionality of the Services and/or functionality, integrity and/or compatibility of Products provided that changes to the ToS are aimed at adapting the content of the ToS to their functionality integrity and/or compatibility;
- (4) changes in the specifications of the relevant Service or Product;
- (5) the introduction of new Services and/or Products;
- (6) changes in the specifications and functionalities of the relevant Service or Product in the event of launching new versions of such Service or Product and/or fixing any bugs or malfunctions;
- (7) changes in the amount of the Subscription Fee for the Service and/or Product.
21. Provisions for EU Consumers Please be informed that if you agree on gaining access to the Services and/or Products at the conclusion of these ToS, you will have forfeited your right to withdraw from these ToS within 14 days or in other deadline, if applicable, under the relevant consumer protection laws. The limitations or exclusions of Alby’s liability under Section 16 (Warranties) will be applicable to you to the extent permitted by applicable consumer protection laws and will otherwise be superseded by those laws. The Consumer may lodge a complaint by emailing hello@getalby.com. We will respond promptly and in any event not later then within 14 days of its service on e-mail you deliver us the complaint. You also have the option to use alternative dispute resolution methods for handling complaints and pursuing claims, including submitting a request to a permanent consumer arbitration court for a resolution of a dispute arising from these ToS or seeking assistance from the district consumer ombudsman. More detailed information on alternative dispute resolution methods can be found on the website: http://polubowne.uokik.gov.pl. You can also use the ODR platform, available at: https://ec.europa.eu/consumers/odr.
22. Governing Law and Dispute Resolution These ToS shall be governed by and construed in accordance with the laws of Poland under the exclusion of its conflict of law provisions and the International Convention on the Sale of Goods (CISG). Any dispute, controversy, or claim arising out of, or in relation to, these ToS, including regarding the validity, invalidity, breach, or termination thereof, shall be subject to exclusive jurisdiction of the relevant courts in Warsaw, Poland.
23. Miscellaneous These ToS and any policies or operating rules posted by us on getalby.com websites constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of this agreement will not operate as a waiver of such right or provision. This agreement operates to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We will not be responsible or liable for any loss, damage, delay, or failure to act as a result of any act or event which occurs and is beyond our reasonable control, including, without limitation, acts of God, war, unrest or riot, strikes, any action of a governmental entity, weather, quarantine, fire, flood, earthquake, explosion, utility or telecommunications outages, Internet disturbance, epidemic, pandemic or any unforeseen change in circumstances, or any other causes beyond our reasonable control. If any provision or part of a provision of this agreement is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from this agreement and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these ToS or use of the Products and/or Services. You agree that this agreement will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of this agreement and the lack of signing by the parties hereto to execute this agreement. Using the website and the Services and/or Products via Internet may involve the cost of connection to the Internet (data transfer fee) per the tariff package of your service provider.
24. Contact Information Questions about the ToS should be sent to us at hello@getalby.com.
Appendix no. 1
Minimum Technical Requirements
1. Website, Alby Account, Alby Online Communities and Alby Cloud: a PC, a smartphone with the latest software updates installed (iOS ver. 18.0.0 or newer and Android ver. 15 or newer), a tablet or other mobile device used for browsing the websites an up-to-date version of Firefox, Chrome, Safari browser; an active internet connection;
2. Alby APIs: use secure authentication via API keys or OAuth 2.0, send requests over HTTPS (TLS 1.2 or higher), adhere to the API’s rate limits, handle error responses appropriately
3. Alby Browser Extension: an up-to-date version of Firefox for desktop and mobile and Chromium-based browsers for desktop
4. Alby Hub: An always online PC with the latest software updates installed for Mac (arm64), Windows (amd64), Linux (amd64) or an always online server with the latest software updates installed for Docker, Linux (amd64), Mac (arm64)
5. Alby Go: a smartphone with the latest software updates installed (iOS ver. 18.0.0 or newer and Android ver. 15 or newer)
Appendix no. 2
Regulations on the Notification of Illegal Content
1. Point of Contact We have established a single point of contact for direct communication with authorities of Member States, the European Commission and the Digital Services Board: hello@getalby.com regarding our Alby Online Communities, and for You as the recipient of our Services.
2. Notification of Illegal Content You may notify us of presence in the Alby Online Communities of specific items of information that you consider to be illegal content by sending a notification to hello@getalby.com. The notification should contain:
- (1) a sufficiently substantiated explanation of the reasons why the individual or entity alleges the information in question to be illegal content;
- (2) a clear indication of the exact electronic location of that information, such as the exact URL or URLs, and, where necessary, additional information enabling the identification of the illegal content adapted to the type of content and to the specific type of hosting service;
- (3) the name and email address of the individual or entity submitting the notice;
- (4) a statement confirming the good faith belief of the individual or entity submitting the notice that the information and allegations contained therein are accurate and complete.
- (1) restrict the visibility of specific items of information provided by the recipient of the Service, including removal of comments, disabling access to content, or demoting content;
- (2) suspend, terminate or restrict providing other comments;
- (3) suspend or terminate of the provision of the Service in whole or in part;
- (4) suspend or terminate of the recipient of the Service's Alby Account.