Terms of Service

Last updated November 15, 2021

From everyone at Alby, thank you for using our Product! We build it 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. This website and the Alby browser extension (collectively, the “Product”) is operated by Alby. “Alby” refers to the company Alby, Inc., a Delaware corporation with registration number 6672528 and with registered office at 256 Chapman Road STE 105-4, Newark, New Castle, 19702 Delaware. Depending upon the context, “Alby” may also refer to the services, products, website, content or other materials provided by Alby. Throughout the Product, the terms “we”, “us” and “our” refer to Alby. Alby offers the Product, including all information, tools and services available from the Product to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By using our Product, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Product. Please read these Terms of Service carefully before accessing or using our Product. By accessing or using any part of the Product, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the Product or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the Product shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Product following the posting of any changes constitutes acceptance of those changes. All rights not expressly granted to You are reserved.

1. The Product Alby is a piece of software created to facilitate payments online - and customized for web browsers. It is used to send and receive payments, set allowances to automate payments and log into web services without passwords.

2. General Conditions & Customer Obligations We reserve the right to refuse service to anyone for any reason at any time. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Product, use of the Product, or access to the Product, without express written permission by us or granted through the software license of Alby. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. You are solely responsible to ensure that solely authorized users can access the Product with your credentials, and to prevent unauthorized access to your wallet by third parties by taking appropriate precautions. You are personally responsible for securing the credentials and data required to access and use the Product. You acknowledge and agree that failure to backup or appropriately securing your credentials and your use of the Product may result in irrevocable loss of access and/or any cryptocurrency.

3. Accuracy, Completeness, and Timeliness of Information We are not responsible if information made available in the Product is not accurate, complete or current. The material in the Product is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material in the Product is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

4. Modifications to the Service We reserve the right at any time to modify or discontinue the Product (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Product.

5. Product or Service, License We do not warrant that the quality of any products or services purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. Unless explicitly stated otherwise, we own or license all intellectual property rights related to the Product. The Product is protected by intellectual property laws and treaties around the world. We grant you a limited, non-exclusive, revocable, non-transferable, non-sublicensable right to use the Product during the Term for your own internal purposes. You must not use any part of the content on the Site for commercial purposes without obtaining a license to do so from us. All our trademarks, service marks, trade names, logos, domain names, and any other features of our brand are our sole property. These Terms of Service do not grant any rights to use any such brand features whether for commercial or non-commercial use.

6. Optional Tools We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. 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 optional third-party tools. Any use by you of optional tools offered through the site 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). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

7. Third-Party Links Certain content, products and services available via our Product may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. 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. 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, 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 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. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Product or any related website. You may not 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. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

9. Personal Information Your submission of personal information through the Product is governed by our Privacy Policy at https://getalby.com/privacy-policy/.

10. Errors, Inaccuracies, and Omissions Occasionally there may be information in the Product that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, and/or promotions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel purchases if any information in the Product or on any related website is inaccurate at any time without prior notice (including after you have submitted your purchase). We undertake no obligation to update, amend or clarify information in the Product or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Product or on any related website, should be taken to indicate that all information in the Product or on any related website has been modified or updated.

11. Prohibited Uses You are solely responsible to use the Product in full compliance with all applicable laws. In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Product or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Product or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Product or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Product or any related website for violating any of the prohibited uses.

12. Disclaimers 12.1 Warranties
We do not guarantee, represent or warrant that your use of our Product will be uninterrupted, timely, secure or error-free. You agree that from time to time we may remove the Product for indefinite periods of time or cancel the Product at any time, without notice to you. You expressly agree that your use of, or inability to use, the Product is at your sole risk. The Product and all services delivered to you through the Product are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied.

12.2 Limitation of Liability In no case shall Alby, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the Product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Product or any content posted, transmitted, or otherwise made available via the Product, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for certain types of damages or for gross negligence, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

12.3 Risks Virtual currencies such as Bitcoin have special risks not necessarily shared with official currencies, goods or commodities in a market. Unlike most currencies, which are backed by governments or other legal entities, or by commodities such as gold or silver, Bitcoin is a unique type of currency, backed by technology and trust. There is no central bank that can issue more currency or take corrective measures to protect the value of Bitcoin in a crisis and accounts and value balances are not subject to Federal Deposit Insurance Corporation or Securities Investor Protection Corporation protections. Any account maintained by Alby for the benefit of its customers may not be sufficient to cover all losses incurred by customers. Instead, Bitcoin is an autonomous and only partly regulated global system of firms and individuals. Users put their trust in a digital, decentralised and partially anonymous system that relies on peer-to-peer networking and cryptography to maintain its integrity. Some Bitcoin transactions shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that the customer initiates the transaction. Digital Assets and virtual currencies such as Bitcoin are often susceptible to irrational (or rational) price moves, that can be caused by changes imposed by software developers or technical problems. Additionally, legislative and regulatory changes or actions at the state, federal or international level may adversely affect the use, transfer, exchange and value of virtual currency. You should be aware that the value of a virtual currency may be derived from the continued willingness of market participants to exchange fiat currency for virtual currency, which may result in the potential for permanent and total loss of value of a particular virtual currency should the market for that virtual currency disappear. There may be additional risks that we have not foreseen or identified in our Terms of Service. You should carefully assess whether your financial situation and tolerance for risk is suitable for using Bitcoin. Transactions in virtual assets may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable.

12.4 No tax, legal, financial or investment advice
You should not interpret any content provided by the Product as tax, legal, financial, or investment advice. We have no special relationship with or fiduciary duty to You and Your use of the Product 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 Product.

13. Indemnification You agree to indemnify, defend and hold harmless Alby and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

14. Severability In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

15. Termination The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time when you cease using our Product. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

16. Entire Agreement The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Product constitutes the entire agreement and understanding between you and us and govern your use of the Product, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

17. Governing Law and Jurisdiction These Terms of Service and any separate agreements whereby we provide you Services shall be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of Delaware, without regard to its conflict of laws provisions.

18. Changes to Terms of Service You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our Product or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

19. Contact Information Questions about the Terms of Service should be sent to us at extension@getalby.com.