These Alterengo Terms of Service (this "Agreement") are entered into by Alterengo Company (“Alterengo” or the “Company”) and the entity executing this Agreement ("You" or "User"). This Agreement governs Your use of the standard Alterengo Platform (the "Service").
BY CLICKING THE "I ACCEPT" BUTTON, COMPLETING THE REGISTRATION PROCESS, OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE REVIEWED AND ACCEPT THIS AGREEMENT AND ARE AUTHORIZED TO ACT ON BEHALF OF, AND BIND TO THIS AGREEMENT, THE OWNER OF THIS ACCOUNT.
In consideration of the foregoing, the parties agree as follows:
"Account" refers to the account for the Service.
“AWE” means the Alterengo Web Extension, which is installed as a Web Extension on a Web Browser to provide better dictionary access, word palettes, word analysis for web contents, and other related utilities for users, together with any fixes, updates, and upgrades provided to You.
"Bucket" is the collection of glossaries or any digital contents including text, image, audio, video, etc. provided by vendors. Buckets should meet the guideline of Alterengo’s requirements and must not contain any unlawful content. It is Your responsibility to ensure the content of Your Bucket does not violate any applicable laws or regulations. (*read Article 3)
"Documentation" means any accompanying documentation made available to You by Alterengo for use with Service, including any documentation available online.
"Palette" means the list of words or any digital content that You search, collect, create, save, and share while using the Service as an identified user.
"Platform Home" means the user interface through which You can access certain Alterengo Platform-level functionality.
"Profile" means the collection of your personal information and settings for identification that together determine the information to be included in, or excluded from, AWE or Platform Home.
"Software" means AWE, Platform Home, and any additional services provided by Alterengo.
"User Data" means the data You provide, create, collect, store, or share while using the Service. User Data includes palettes, word search history, highlighting and note-taking activities, and other related characteristics and activities of Users to provide better insights for You and Alterengo.
The words "include" and "including" mean "including but not limited to."
To register for the Service ,You must complete the registration process by providing Alterengo with current, complete and accurate information as prompted by the registration form, including your email address, username, and password.
If You’re under the age required to manage Your own Alterengo Account, you must have Your parent or legal guardian’s permission to use an Alterengo Account. Please have Your parent or legal guardian read these terms with You. If You’re a parent or legal guardian, and You allow Your child to use the services, then these terms apply to You and You’re responsible for Your child’s activity on the services.
You will protect Your passwords and take full responsibility for Your own use of Your accounts. You are solely responsible for any and all activities that occur under Your Account. You will notify Alterengo immediately upon learning of any unauthorized use of Your Account or any other breach of security. Alterengo’s (or its wholly-owned subsidiaries) support staff may, from time to time, log in to the Service under Your User password in order to maintain or improve service, including to provide You assistance with technical or billing issues.
Some features of the Service are designed to let you create, upload, store, submit, send, receive, or share Your content. You have no obligation to provide any content to the Service and You’re free to choose the content that You want to provide. If You choose to upload or share content, make sure You have the necessary rights to do so and that the content is lawful. You should post only content which does not violate any applicable laws or regulations. You are fully responsible for any issues subject to violating any applicable laws or regulations about the content that you post.
Also, the content posted in the Service may be stored, modified, copied, analyzed, distributed, or displayed by the Company within its reasonable causes. If Alterengo reasonably believes that any of Your content (1) breaches the terms specified in the Agreement; (2) violates applicable law; or (3) could harm its users or Alterengo, then the Company reserves the right to take down some or all of that content in accordance with applicable law. Examples include child pornography, content that facilitates human trafficking or harassment, content that includes false or misleading information, and content that infringes someone else’s intellectual property rights.
Alterengo reserves the right to suspend or terminate Your access to the Service or delete Your Account if any of these things happen: (1) You materially or repeatedly breach the Agreement; (2) the Company is required to do so to comply with a legal requirement or a court order; or (3) the Company reasonably believes that Your conduct causes harm or liability to a user or Alterengo — for example, by hacking, phishing, harassing, spamming, misleading others, or scraping content that doesn’t belong to you. If you believe Your Alterengo Account has been suspended or terminated in error, you can appeal.
Before taking action as described above, Alterengo will provide You with advance notice when reasonably possible, describe the reason for its action, and give You an opportunity to fix the problem, unless the Company reasonably believes that doing so would: (1) cause harm or liability to a user or Alterengo; (2) violate the law or a legal enforcement authority’s order; (3) compromise an investigation; or (4) compromise the operation, integrity, or security of its Service.
Of course, You’re always free to stop using the Services at any time. If You do stop using the Service, Alterengo would appreciate knowing why so that the Company can continue improving the Service.
Subject to the terms and conditions of this Agreement, (1) Alterengo grants You a limited, revocable, non-exclusive, non-sublicensable license to install and use the AWE solely as necessary for You to use the Service
You will not (1) copy, modify, adapt, translate or otherwise create derivative works of the Software or the Documentation; (2) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software, except as expressly permitted by the law in effect in the jurisdiction in which You are located; (3) rent, lease, sell, assign or otherwise transfer rights in or to the Software, the Documentation or the Service; (4) remove any proprietary notices or labels on the Software or placed by the Service; (5) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service or the Software; You will comply with all applicable laws and regulations in Your use of and access to the Documentation, Software, and Service.
Certain Service features are identified as "Alpha," "Beta," "Experiment," (either within the Service or elsewhere by Alterengo) or as otherwise unsupported or confidential (collectively, "Beta Features"). You may not disclose any information from Beta Features or the terms or existence of any non-public Beta Features. Alterengo will have no liability arising out of or related to any Beta Features.
To the extent permitted by applicable law, You will indemnify, hold harmless and defend Alterengo and its wholly-owned subsidiaries, at Your expense, from any and all third-party claims, actions, proceedings, and suits brought against Alterengo or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, reasonable attorneys' fees and other litigation expenses) incurred by Alterengo or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) Your breach of any term or condition of this Agreement, (ii) Your use of the Service, (iii) Your violations of applicable laws, rules or regulations in connection with the Service, (iv) any representations and warranties made by You concerning any aspect of the Service or the Software; (v) any claims made by or on behalf of any third party pertaining directly or indirectly to Your use of the Service, the Software; (vi) violations of Your obligations of privacy to any third party; and (vii) any claims with respect to acts or omissions of any third party in connection with the Service or the Software. Alterengo will provide You with written notice of any claim, suit or action from which You must indemnify Alterengo. You will cooperate as fully as reasonably required in the defense of any claim. Alterengo reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by You.
Alterengo provides the Service using reasonable skill and care. The Service may be temporarily stopped due to several reasons, including maintenance, repair of unexpected breakdown, and loss of communication. Also, all or the part of the Service may be changed or stopped due to the change of policies of the Company, technical issues, etc. The Company will notify any changes through various possible ways including notification features in the Service if possible. If the Company doesn't meet the quality level described in this warranty, You agree to tell the Company and the Company will work with You to try to resolve the issue.
The only commitments the Company makes about the Service (including the content in the Service, the specific functions of the Service, or their reliability, availability, or ability to meet Your needs) are (1) described in the Warranty section or (2) provided under applicable laws. The Company does not make any other commitments about its service.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT, ALTERENGO MAKES NO OTHER WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND NONINFRINGEMENT.
These terms only limit the Company’s responsibilities as allowed by applicable law. Specifically, these terms don’t limit Alterengo’s liability for death or personal injury, fraud, fraudulent misrepresentation, gross negligence, or willful misconduct. Other than the rights and responsibilities described in this section (In case of problems or disagreements), Alterengo won’t be responsible for any other losses, unless they’re caused by the Company’s breach of the terms described in the Liability section.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALTEREGO WILL NOT BE LIABLE FOR YOUR LOST REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF ALTERENGO OR ITS SUBSIDIARIES AND AFFILIATES HAVE BEEN ADVISED OF, KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY. ALTERENGO'S (AND ITS WHOLLY OWNED SUBSIDIARIES’) TOTAL CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL NOT EXCEED $10(USD).
The Service, which includes the Software and all Intellectual Property Rights therein are, and will remain, the property of Alterengo (and its wholly owned subsidiaries). All rights in and to the Software not expressly granted to You in this Agreement are reserved and retained by Alterengo and its licensors without restriction, including, Alterengo’s (and its wholly owned subsidiaries’) right to sole ownership of the Software and Documentation. Without limiting the generality of the foregoing, You agree not to (and not to allow any third party to): (a) sublicense, distribute, or use the Service or Software outside of the scope of the license granted in this Agreement; (b) copy, modify, adapt, translate, prepare derivative works from, reverse engineer, disassemble, or decompile the Software or otherwise attempt to discover any source code or trade secrets related to the Service; (c) rent, lease, sell, assign or otherwise transfer rights in or to the Software, Documentation or the Service; (d) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service or the Software; (e) use the trademarks, trade names, service marks, logos, domain names and other distinctive brand features or any copyright or other proprietary rights associated with the Service for any purpose without the express written consent of Alterengo; (f) register, attempt to register, or assist anyone else to register any trademark, trade name, serve marks, logos, domain names and other distinctive brand features, copyright or other proprietary rights associated with Alterengo (or its wholly owned subsidiaries) other than in the name of Alterengo(or its wholly owned subsidiaries, as the case may be); (g) remove, obscure, or alter any notice of copyright, trademark, or other proprietary right appearing in or on any item included with the Service or Software; or (h) seek, in a proceeding filed during the term of this Agreement or for one year after such term, an injunction of any portion of the Service based on patent infringement.
Either party may terminate this Agreement at any time with notice. Upon any termination of this Agreement, Alterengo will stop providing, and You will stop accessing Platform Home, AWE, and/or user specific properties including Palettes, Buckets, word search history, and other User Data that reside in the Service. Additionally, if Your Account is terminated, You will suspend any and all use of the Service within 3 business days of such termination. In the event of any termination (a) You will not be entitled to any refunds of any usage fees or any other fees, and (b) any outstanding balance for Service rendered through the date of termination will be immediately due and payable in full and (c) all of Your User Data will no longer be available to You.
Alterengo may modify these terms or any additional terms that apply to the Service to, for example, reflect changes to the law or changes to the Service. You should look at the terms regularly. Alterengo will post notice of modifications to these terms at https://www.alterengo.com/terms/, or other policies referenced in these terms at the applicable URL for such policies. Changes will not apply retroactively and will become effective no sooner than 7 days after they are posted. If You do not agree to the modified terms for the Service, You should discontinue Your use of the Service. No amendment to or modification of this Agreement will be binding unless (i) in writing and signed by a duly authorized representative of Alterengo, (ii) You accept updated terms online, or (iii) You continue to use the Service after Alterengo has posted updates to the Agreement or to any policy governing the Service.
Alterengo will be excused from performance in this Agreement to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control. This Agreement (including any amendment agreed upon by the parties in writing) represents the complete agreement between You and Alterengo concerning its subject matter and supersedes all prior agreements and representations between the parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision will be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement will continue in full force and effect. This Agreement will be governed by and construed under the laws of the Republic of Korea without reference to its conflict of law principles. In the event of any conflicts between foreign law, rules, and regulations, and the Republic of Korea law, rules, and regulations, the Republic of Korea law, rules and regulations including Civil Procedure Act of Republic of Korea will prevail and govern. Each party agrees to submit to the exclusive and personal jurisdiction of the courts located in Seoul City, Republic of Korea.
For any Alterengo user inquiries regarding personal information and resolving any related complaints, please contact Alterengo. Jooyeon Lee is responsible for such inquiries. (contact email: firstname.lastname@example.org)
Jooyeon Lee, CEO and Co-founder of Alterengo
Copyright © 2020 Alterengo
5th floor, 142 Teheran-ro,
Yeoksam-dong, Seoul, South Korea
Last Updated January 9, 2021.