Last updated: December 2024
Welcome, and thank you for your interest in Alliance Andeavour Group Ltd. ("Andeavour") and our Vertical Agent platform for providing insights on customer's cyber and IT and other data, including our downloadable software applications and websites (collectively, the "Service"). The following terms and conditions are a legally binding contract regarding use of the Service between the entity, organization, company or individual agreeing to these terms ("Customer" or "you") and Andeavour.
PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. BY CLICKING "I ACCEPT," OR ENTERING INTO AN AGREEMENT WITH ANDEAVOUR THAT INCORPORATES THESE TERMS BY REFERENCE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS AND ANY ADDITIONAL TERMS OR FUTURE MODIFICATIONS (COLLECTIVELY, THE "TERMS"). If you are not eligible, or do not agree to the Terms, then please do not use the Service.
You must be at least eighteen (18) years old to use the Service. By agreeing to the Terms, you represent and warrant to us: (i) that you are at least eighteen (18) years old, (ii) that you have not previously been suspended or removed from the Service, and (iii) that your registration and your use of the Service is in compliance with any and all applicable laws and regulations.
If you are using the Service on behalf of an entity, organization, or company (a "Subscribing Organization"), you represent and warrant that you have the authority to bind such Subscribing Organization to these Terms and you agree to be bound by these Terms on behalf of such Subscribing Organization. In such case, "you" in this Agreement means such Subscribing Organization and each end user of the Subscribing Organization.
To access some features of the Service you must register for an Andeavour account. When you register for an account, you may be required to provide us with some information about yourself such as your e-mail address or other contact information. You agree that the information you provide to us is and will be accurate and up-to-date at all times. You are solely responsible for maintaining confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you agree to notify us as soon as possible at support@Andeavour.com.
Access to the Service or to certain features of the Service may now or in the future require the payment of fees such as subscription fees ("Fees"). Before initial payment of any Fees, you will have an opportunity to review and accept the Fees that you will be charged. Andeavour will charge Fees to the payment method that is specified at the time of subscription or purchase.
You authorize Andeavour to charge all sums described herein to such payment method. If you choose automatic payment of any Fees, you authorize Andeavour to charge your payment method such amounts. All Fees are non-refundable. Andeavour may change the Fees for the Service or any feature of the Service, including by adding additional fees or charges, on a going forward basis at any time.
If your payment method fails or your accounts are past due, (a) you agree to pay all amounts due upon demand by Andeavour, (b) Andeavour may collect fees owed using other collection mechanisms, (c) Andeavour reserves the right to either suspend or terminate your account or access to the Services, and/or (d) you agree to pay a late fee of 1.5% per month, or the maximum charge permitted by law, whichever is less.
Subject to the Terms, Andeavour grants to you a worldwide, non-exclusive, non-transferable, terminable license to use the Service.
Andeavour may, at its discretion, make available trial licenses that do not require the payment of applicable Fees for a period of time or subject to other limitations (each a "Trial License"). Please note that any Customer Data or Customer Applications imported to, stored on, or made available on the Service during a Trial License may be permanently lost or deleted at the end of such trial license unless Customer pays the applicable fee.
This Service enables Customers to import, store, and process data, content, and other types of works, hereby collectively referred to as "Customer Data." For clarity, Customer Data does not encompass metadata generated through the use of the Service. By engaging with the Service for importing, storing, or processing Customer Data, you provide Andeavour a worldwide, non-exclusive, royalty-free license to utilize, secure, and manage your Customer Data exclusively for the purpose of offering the Service.
Andeavour commits to employing stringent security measures to safeguard Customer Data against unauthorized access, disclosure, or misuse. Andeavour will not use, display, disclose, or transfer Customer Data in a manner that personally identifies you without your explicit consent, except as necessary to provide the Service or as required by law.
Additionally, if the Service permits Customers to host software applications and code ("Customer Applications"), by hosting your Customer Applications on the Service, you grant to Andeavour a worldwide, non-exclusive, royalty-free license to reproduce, distribute, publicly display, publicly perform, modify, and adapt your Customer Data for the purpose of providing the Service to you.
You retain copyright and any other proprietary rights you hold in the Customer Data and Applications that you import to or store using the Service.
You are solely responsible for your Customer Data and Customer Applications and the consequences of importing, storing, or processing Customer Data or making available Customer Applications. By importing, storing, or processing Customer Data or making available Customer Applications, you affirm, represent, and warrant that you have the necessary licenses, rights, consents, and permissions to use and authorize Andeavour to use your Customer Data and Customer Applications.
YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST ANDEAVOUR WITH RESPECT TO CUSTOMER DATA AND CUSTOMER APPLICATIONS. WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH CUSTOMER DATA AND CUSTOMER APPLICATIONS.
BY USING THE SERVICE YOU AGREE NOT TO:
The Service may also contain links to third-party websites. Such linked websites are not under our control, and we are not responsible for their content.
We comply with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If you have any complaints or objections to material posted on the Service, you may contact our Designated Agent at: disclose@andeavour.io
Andeavour will promptly terminate without notice the accounts of users that are determined by Andeavour to be "repeat infringers."
If you violate these Terms, your permission to use the Service will automatically terminate. Additionally, Andeavour, in its sole discretion may terminate your user account on the Service or suspend or revoke your access to the Service at any time, with or without notice. We also reserve the right to modify the Service at any time without notice to you.
Please read the Andeavour Privacy Policy carefully for information relating to our collection, use, and disclosure of your personal information. The Andeavour Privacy Policy is hereby incorporated by reference into, and made a part of, these Terms.
Your use of the Service is subject to any additional terms, rules, or guidelines applicable to the Service or certain features of the Service that we may post and you may accept.
We reserve the right, at our discretion, to change the Terms on a going forward basis at any time. Please check the Terms periodically for changes. In the event that a change to the Terms materially modifies your rights or obligations, you will be required to accept such modified terms in order to continue to use the Service.
The Service is owned and operated by Andeavour. The visual interfaces, graphics, design, compilation, information, computer code, products, software, services, and all other elements of the Service provided by Andeavour (the "Materials") are protected by all relevant intellectual property and proprietary rights and applicable laws. Except for any Customer Data or Customer Applications, all Materials contained in the Service are the property of Andeavour or our third-party licensors.
You agree that you will be personally responsible for your use of the Service, and you agree to defend, indemnify and hold harmless Andeavour and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against any and all claims, liabilities, damages, losses and expenses arising out of or in any way connected with your access to, use of or alleged use of the Service.
THE SERVICE IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE ANDEAVOUR ENTITIES SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT.
IN NO EVENT WILL THE ANDEAVOUR ENTITIES BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY.
YOU AGREE THAT THE AGGREGATE LIABILITY OF THE ANDEAVOUR ENTITIES TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO THE USE OF THE SERVICE IS LIMITED TO THE GREATER OF (i) THE AMOUNTS YOU HAVE PAID TO ANDEAVOUR FOR ACCESS TO AND USE OF THE SERVICE IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM OR (ii) $100.
These Terms shall be governed by the laws of the State of California without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and Andeavour agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within the San Francisco County, California for the purpose of litigating all such disputes.
The Terms, together with the Privacy Policy, the Additional Terms, and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and Andeavour regarding your use of and access to the Service. You may not assign or transfer the Terms or your rights hereunder without our prior written consent.
In the interest of resolving disputes between you and Andeavour in the most expedient and cost effective manner, you and Andeavour agree that any and all disputes arising in connection with these Terms shall be resolved by binding arbitration. You understand and agree that, by entering into these Terms, you and Andeavour are each waiving the right to a trial by jury or to participate in a class action.
Notwithstanding subsection 18.1, we both agree that nothing herein shall be deemed to waive, preclude, or otherwise limit either of our right to bring an individual action in small claims court, pursue enforcement actions through applicable agencies, seek injunctive relief, or file suit to address intellectual property infringement claims.
Any arbitration between you and Andeavour will be governed by the Commercial Dispute Resolution Procedures of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA.
A party who intends to seek arbitration must first send a written notice of the dispute to the other. Andeavour's address for Notice is: disclose@andeavour.io
In the event that you commence arbitration in accordance with these Terms, Andeavour will reimburse you for your payment of the filing fee, unless your claim is for greater than $10,000.
YOU AND ANDEAVOUR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
In the event that Andeavour makes any future change to this arbitration provision, you may reject any such change by sending us written notice within 30 days of the change.
If Subsection 18.6 is found to be unenforceable or if the entirety of this Section 18 is found to be unenforceable, then the entirety of this Section 18 shall be null and void.
If you have any questions regarding Andeavour, the Service, or the Terms please contact us at support@Andeavour.com.