AlloMia Terms of Use

Last Updated: March 8th, 2025

1. Introduction

Welcome to AlloMia! These Terms of Service ("Terms") constitute a binding agreement between AlloMia, referred to as "we," "us," or "our," and you, the individual or entity accessing or using our services ("you" or "your").

These Terms govern your use of AlloMia's services, including but not limited to our website, software, AI-powered solutions, and other related functionalities (collectively, the "Service"). By accessing or using the Service, you agree to these Terms in full. If you do not agree, you must not use the Service.

The Effective Date of these Terms is the date you first accept them by any lawful means, such as accepting them or accessing the Service.

2. Acceptance of Terms

By accessing or using the Service, you:

  • Confirm that you are at least the age of majority in your jurisdiction or have obtained necessary consent from a parent or legal guardian.
  • Agree to comply with these Terms, including all policies and guidelines referenced herein or published on our website.
  • Consent to electronic communication for all notices and communications related to the Service.

3. Provision of Services

3.1 License and Access

AlloMia provides access to its AI voice assistant and related services as described in an applicable order form, service agreement, or directly through our website. By subscribing to any of our plans, you agree to use the Service for lawful purposes, as described in these Terms.

Subject to these Terms and compliance with our policies, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for its intended purpose.

You may assign access to authorized users (e.g., employees, contractors), as indicated in your plan. You are responsible for ensuring that all authorized users comply with these Terms, and you assume liability for their actions.

3.2 User Responsibilities

By using our Service, you acknowledge and agree to the following:

  • Use the Service solely for lawful purposes and in accordance with these Terms.
  • Maintain the confidentiality of your account credentials and notify us immediately if unauthorized access is suspected.
  • Comply with all applicable local, national, and international laws and regulations.

3.3 Service Changes

AlloMia reserves the right to modify or discontinue, temporarily or permanently, any feature or functionality of the Service, with or without prior notice. You acknowledge that AlloMia will not be liable to you or to any third party for any modification, suspension, or discontinuation of any part of the Service. Continued use of the Service after modifications shall constitute your consent to such changes.

3.4 Service Restrictions

You agree to use the Service only for lawful purposes. Prohibited activities include:

  • Reverse-engineering, decompiling, or otherwise attempting to extract source code from the Service.
  • Using the Service for any illegal, harmful, or malicious purpose.
  • Sharing login information with unauthorized users.
  • Overloading or disrupting our systems or interfering with the Service's normal operation.

Violation of these prohibitions may result in the suspension or termination of your access.

4. Data & Privacy

By using our Service, you acknowledge and agree to the following:

4.1 Customer Data

All data you provide, upload, or process using the Service remains your property ("Customer Data"). However, by using the Service, you grant AlloMia a limited, non-exclusive, royalty-free license to process, store, and analyze your data solely to provide and enhance the Service.

You confirm that you have obtained all necessary permissions and consents for the processing of personal data through the Service, as required by applicable laws, including but not limited to data protection regulations.

You are responsible for ensuring that users or third parties whose data is submitted through the Service have been informed and have consented to its use in accordance with these Terms and applicable laws.

4.3 Data Security & Privacy

We are committed to ensuring that the use of AlloMia services adheres to data privacy and security regulations, as well as industry standards. AlloMia implements appropriate safeguards to protect customer data from unauthorized access, use, disclosure, or modification. Please carefully review the AlloMia Privacy Policy for detailed information on how we collect, use, store, and disclose your personal information.

4.5 AI Data Ownership and Use

Customer data you provide, upload, or process through the AI voice assistant remains your property. However, AlloMia retains ownership of all AI models, algorithms, and outputs generated by the Service. By using the Service, you grant AlloMia a non-exclusive, perpetual, royalty-free right to use, modify, and improve these AI-generated outputs for the purpose of service improvement, model training, and feature development. AlloMia disclaims any liability for the use of these outputs for purposes beyond the intended use of the Service.

5. Fees and Payments

5.1 Fees

The Customer agrees to pay the applicable fees ("Fees") for the services as specified in writing, either in the Order Form or at the time of online purchase. Fees are non-refundable unless otherwise stated in the agreement.

5.2 Taxes

Fees exclude applicable local, provincial, and federal taxes, which will be added to your bill as required by law.

5.3 Payment Terms

Payments must be made in full within 30 days from the invoice date. Failure to pay within 30 days of an invoice will result in late payment penalties, including interest at 1.5% per month or the highest rate permitted by law. Non-payment beyond 60 days may result in account suspension.

6. Term and Termination

6.1 Term Duration

These Terms will commence on the Effective Date and will continue until terminated. If your subscription includes a fixed term, it will automatically renew unless canceled. You may terminate your account at any time by submitting written notice or by canceling through your user account before the next billing cycle.

If you cancel during a billing cycle, the Service will remain available until the end of that cycle, and no fees will be refunded for that cycle or any unused portion.

6.2 Termination for Breach

Either party may terminate the Agreement for cause with 30 days written notice if the other party breaches any material obligation and fails to cure the breach within this period.

6.3 Termination for Non-Payment

Failure to pay within 60 days of the invoice date constitutes a material breach, and AlloMia reserves the right to terminate the Agreement or suspend access to the Service.

6.4 Post-Termination Obligations

Upon termination, your access to the Service will be revoked. AlloMia will retain your data for 30 days to allow you to retrieve it, after which it will be deleted unless otherwise required by law.

7. Confidentiality

7.1 Confidential Information

Each party agrees not to disclose the other's confidential information, except as necessary to fulfill its obligations under these Terms or as required by law.

7.2 Exclusions

Confidential information does not include information that:

Was public knowledge before disclosure.

Becomes publicly known through no fault of the receiving party.

Is independently developed or acquired without reference to the other party's confidential information.

8. Intellectual Property

8.1 Ownership

All intellectual property rights related to the Service, including software, documentation, and trademarks, remain AlloMia's property. You may not use any of AlloMia's intellectual property without written consent, except as necessary to access and use the Service.

8.2 License to Use

AlloMia grants you a limited, non-exclusive, revocable license to access and use the Service for its intended purposes.

8.3 Feedback and Suggestions

If you provide feedback or suggestions, you grant AlloMia a perpetual, royalty-free license to use and incorporate your input into the Service without compensation.

9. Disclaimers

The site is provided on an "as-is" and "as-available" basis. AlloMia, along with its suppliers, explicitly disclaims all warranties and conditions of any kind, whether express, implied, or statutory. This includes, but is not limited to, warranties of merchantability, fitness for a specific purpose, title, quiet enjoyment, accuracy, and non-infringement. Neither AlloMia nor its suppliers guarantee that the site will meet your requirements, operate without interruptions, remain secure or error-free, or be accurate, reliable, virus-free, complete, legal, or safe. AlloMia is not liable for any damages of any kind that may arise from the use of the service or interactions with other service users.

AlloMia disclaims any liability for issues arising from your use of third-party services that are integrated with or used alongside our Service, including interruptions, inaccuracies, or errors caused by such third-party services.

10. Indemnification

10.1 Indemnification by AlloMia

AlloMia agrees to indemnify, defend, and hold you harmless from any third-party claims, liabilities, damages, and expenses (including legal fees and court costs) arising from intellectual property infringement claims directly related to your permitted use of the Service under this Agreement. However, this indemnification does not apply to claims resulting from your unauthorized modifications, misuse of the Service, or claims related to third-party services integrated into the Service.

10.2 Indemnification by Customer

You agree to indemnify, defend, and hold AlloMia harmless from and against any claims, liabilities, losses, damages, and expenses (including legal fees, court costs, and any amounts awarded) arising from:

Your misuse of the Service;

Your breach of these Terms;

Your violation of any applicable laws or regulations;

Any content you provide, upload, or submit through the Service, including claims related to intellectual property infringement or privacy violations.

11. Limitation of Liability

To the fullest extent permitted by law, AlloMia shall not be liable for any indirect, incidental, consequential, exemplary, aggravated, or punitive damages, including but not limited to lost profits, lost business opportunities, system downtime, data loss, or damage to devices or systems, arising out of the use or inability to use the Service, including any third-party services integrated with the Service. To the fullest extent permitted by law, the aggregate liability of AlloMia for all claims arising out of or relating to the use of, or any inability to use, the Service, whether in contract, tort, or otherwise, shall be limited to the service fees paid by you in the three (3) months preceding the event that gave rise to the liability.

12. Governing Law and Dispute Resolution

12.1 Governing Law and Jurisdiction

These Terms are governed by the laws of the Province of Quebec, Canada without regard to its conflict of laws principles.

12.2 Dispute Resolution

Any disputes arising from or relating to these Terms will be resolved in the courts of Montreal, Quebec. Before initiating any formal legal action, both parties agree to attempt to resolve disputes informally. Either party may initiate an informal dispute resolution process by providing written notice of the dispute and engaging in good faith discussions to resolve the issue within 30 days.

12.3 Arbitration

At AlloMia's discretion, disputes may be resolved through binding arbitration as an alternative to litigation. If AlloMia offers arbitration, you will have the option to opt out within 30 days of notice. Arbitration will be conducted in accordance with the rules of a recognized arbitration institution, and any arbitration will take place in Montreal, Quebec.

13. Miscellaneous

13.1 Order Forms and Contracts

If an Order Form is used to initiate an agreement, these Terms will become effective on the Effective Date as specified in the Order Form, or by the customer's acceptance via a checkbox or other electronic agreement mechanism.

In case of any conflict between the following documents, the following order of precedence shall apply:

Order Form

Annexes, unless specified otherwise

These Terms of Use

13.2 Modification of Terms

AlloMia reserves the right to update these Terms at any time. If we make significant changes, we may notify you by email (to the most recent email address you provided) and/or by posting a notice on our Site. It's your responsibility to keep your email address up to date.

If the email address you provided is invalid or undeliverable, the notice will still be effective when sent.

By continuing to use our Site after receiving notice of changes, you acknowledge and agree to the updated Terms.

13.3 Force Majeure

Neither Party shall be held liable for, nor deemed in breach or default of, this Agreement due to any delay or failure to perform as stipulated, caused by circumstances beyond their reasonable control. This includes, but is not limited to, events such as acts of God, floods, fires, earthquakes, explosions, war, terrorism, invasions, riots, civil unrest, embargoes, blockades, national or regional emergencies, strikes, labor stoppages or slowdowns, industrial disturbances, changes in law, or actions taken by any governmental or public authority.

13.4 Severability

If any provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal, or unenforceable, the Parties shall negotiate in good faith to modify this Agreement so as to effect their original intent as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.

13.5 Publicity

AlloMia reserves the right to use your name, logo, and trademarks for promotional purposes, including but not limited to customer lists, website displays, press releases, and marketing materials, unless you request otherwise in writing. You may also provide additional marketing materials or non-confidential information (such as testimonials or case studies) for AlloMia to use in promotional activities, at your discretion. If you do not wish for AlloMia to use your name or logo, or if you later decide to opt out of such promotional use, you can make a written request to have AlloMia cease these activities at any time. For any detailed case studies or testimonials, AlloMia will seek your explicit written consent prior to publication.

14. Contact Information

If you have any questions regarding these Terms, please contact us:

  • Email: support@allomia.com