Terms for using the Alkren website and organization portal; product agreements define the purchased scope.
Website and portal terms
Last Updated: October 20, 2026
1. Acceptance of These Terms
These Terms of Service (these “Terms”) are a legally binding agreement between you and Alkren LLC (“Alkren,” “we,” “us,” or “our”). They govern your access to and use of the Services (defined in Section 2).
By accessing or using the Services, submitting a form, using a Customer Portal account, or downloading, installing, accessing, or using any Product, you agree to these Terms, our Privacy Policy, and our Cookie Policy. If you do not agree, do not access or use the Services.
If you use the Services on behalf of a company or other organization, you represent that you are authorized to bind that organization to these Terms. In that case, “you” and “your” refer to both you and that organization.
If your organization has signed a Customer Agreement with Alkren, the Customer Agreement governs the Products and Services it covers and prevails over these Terms to the extent of any conflict. These Terms continue to apply to your use of the Website and to any matter the Customer Agreement does not address.
IMPORTANT: SECTION 29 CONTAINS A BINDING ARBITRATION AGREEMENT AND A WAIVER OF CLASS ACTIONS AND JURY TRIALS. UNLESS YOU OPT OUT AS DESCRIBED IN SECTION 29.8, MOST DISPUTES BETWEEN YOU AND ALKREN MUST BE RESOLVED THROUGH INDIVIDUAL ARBITRATION RATHER THAN IN COURT.
2. Definitions
In these Terms:
• “Authorized User” means an individual whom a Customer permits to use the Services under the Customer’s account, license, or subscription.
• “Content” means all text, graphics, images, logos, designs, audio, video, data, software, code, and other materials made available through the Services by Alkren or its licensors.
• “Customer” means an organization or individual that has purchased or otherwise obtained the right to use a Product or other Service under an Order or Customer Agreement.
• “Customer Agreement” means a master agreement, license agreement, subscription agreement, or other written agreement signed by Alkren and a Customer that governs the Customer’s use of Products or Services.
• “Customer Data” means data, content, and information, including personal information, that a Customer or its Authorized Users submit to, store in, or process with the Hosted Services, or provide to Alkren in connection with Support Services or Professional Services.
• “Customer Portal” means the password-protected customer portal and organization workspace that Alkren makes available, including through the Website, where Customers and Authorized Users can view licensed modules and entitlements, download permitted Software releases and License Keys, access reference material, and manage support conversations and tickets.
• “Documentation” means user guides, technical documentation, specifications, release notes, reference documents, and similar materials that Alkren provides for the Products.
• “Home Jurisdiction” means the state or country under whose laws Alkren LLC is organized.
• “Hosted Services” means any software-as-a-service or other hosted offering of the Alkren platform, solution suites, products, or modules that Alkren or its service providers operate and make available over the internet.
• “Knowledge Base” means articles, guides, frequently asked questions, reference documents, tutorials, and other informational content made available through the Services.
• “License Keys” means license keys, license files, activation codes, entitlements, tokens, and similar credentials used to activate, enable, or control access to the Products.
• “Order” means a quote, proposal, order form, statement of work, or other ordering document for the Services that Alkren has accepted, including by signing it, confirming it in writing, issuing an invoice, or delivering License Keys, and any such document issued by an authorized reseller and accepted by Alkren.
• “Products” means the Software and the Hosted Services, including all solution suites, products, and modules.
• “Professional Services” means implementation, deployment, configuration, integration, training, consulting, and similar services described in an Order.
• “Services” means the Website, the Customer Portal, the Products, the License Keys, the Documentation, the Knowledge Base, the Support Services, the Professional Services, and all related features, content, and services.
• “Software” means any software that Alkren makes available for installation in your environment, including for on-premises and hybrid deployments, together with all updates, upgrades, patches, fixes, and new releases.
• “Submissions” means information and materials you submit through the Website’s forms or otherwise send to us, other than Customer Data.
• “Support Services” means technical support that Alkren provides, including through support conversations and tickets.
• “Website” means the website at alkren.com, including its subdomains and related pages.
Words such as “including” and “for example” mean “including without limitation.”
3. Eligibility and Business Use
To use the Services, you must:
• be at least 18 years old, or the age of legal majority where you live if that is higher;
• have the legal capacity to enter into a binding contract;
• not be prohibited from using the Services under the laws of the United States, your country of residence, or any other applicable jurisdiction; and
• meet the export control and sanctions requirements in Section 24.
The Services are designed for business and professional use, not for personal, family, or household purposes. We may refuse or end access to anyone at any time for any lawful reason.
4. Changes to These Terms
We may change these Terms at any time. When we do, we will post the updated Terms on the Website and update the “Last Updated” date. For material changes, we will give reasonable advance notice where required by law, such as by email, through the Customer Portal, or with a notice on the Website.
Changes take effect when posted unless we state otherwise. If you continue to use the Services after changes take effect, you accept the updated Terms. If you do not agree, you must stop using the Services.
Changes do not apply retroactively. They do not alter the negotiated terms of an Order or Customer Agreement during its current term unless that document allows it or you agree. Changes to Section 29 are subject to Section 29.9.
5. Changes to the Services
We may change, suspend, or discontinue any part of the Services at any time, including any feature, module, Content, Software release, or download, to the extent permitted by law and any applicable Order or Customer Agreement. We may do so with or without notice. We are not liable to you or any third party for any change, suspension, or discontinuation.
The Services may be unavailable from time to time because of maintenance, updates, outages, or events beyond our control. Except as expressly stated in an Order or Customer Agreement, we do not guarantee that the Services will be available at any particular time.
6. Accounts and the Customer Portal
6.1 Account creation:
Access to the Customer Portal requires an account, which may be created by us, by your organization, or by you. You must provide accurate, current, and complete information and keep it up to date.
6.2 Account security:
You must keep your password, authenticator, recovery codes, and other credentials confidential and must not share them. Each set of credentials may be used by only one individual unless we agree otherwise in writing. You are responsible for all activity under your account, whether or not you authorized it. If you suspect unauthorized access or any other security breach, notify us immediately through the contact form on our Contact page, choosing the topic “Security report.” We are not liable for any loss or damage caused by your failure to protect your credentials.
6.3 Organization accounts:
If your account is associated with a Customer, that Customer’s administrators may manage your access, view your account details and activity, and suspend or end your access. Each Customer is responsible for its Authorized Users’ compliance with these Terms. Your access may end when your relationship with the Customer, or the Customer’s relationship with Alkren, ends.
6.4 Our rights:
We may refuse to create an account, require you to change your credentials, and suspend or terminate any account, including if we believe it has been compromised or used in violation of these Terms.
6.5 Downloads and entitlements:
You may download and use only the Software, releases, License Keys, Documentation, and other materials that you or your organization are entitled to under an Order or Customer Agreement, or that we expressly make available to you. Access to a download does not by itself grant any license or right beyond those stated in these Terms and the applicable Order or Customer Agreement. Before installing any Software, you are responsible for confirming that it is compatible with your systems and for backing up your systems and data. A published SHA-256 digest helps you verify a file’s integrity; it is not a guarantee that the file is free of malware.
7. Demo Requests, Inquiries, and Communications
7.1 Forms and inquiries:
When you request a demo, send a contact message, or submit another form, you confirm that the information you provide is accurate and that you are authorized to provide it. Submitting a form does not create any contract, relationship, or obligation for either party, and we are not required to respond to every request. We may decline, ignore, delete, or report submissions that we reasonably believe are automated, fraudulent, abusive, or made in bad faith, and we may limit confirmation emails sent to any address.
7.2 Demonstrations and discussions:
Demonstrations, presentations, proposals, and discussions about availability, capabilities, deployment, or scope are provided for information only. They are not commitments or warranties. Only the terms of an accepted Order or a signed Customer Agreement bind Alkren.
7.3 Quotes:
A quote, proposal, or price we provide is not a binding offer unless it expressly says so. A quote expires on the date it states, or 30 days after it is issued if no date is stated. No agreement exists until Alkren accepts an Order.
7.4 Confidential information:
Do not submit confidential, proprietary, or sensitive information through public forms unless we have agreed otherwise in writing. Except as described in our Privacy Policy or a separate written agreement, information you submit through public forms is not treated as confidential.
7.5 Electronic communications:
You consent to receive communications from us electronically, including by email, through the Customer Portal, and through notices on the Website. All agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that they be in writing. You may opt out of optional product updates as described in our Privacy Policy, but not out of service communications while you use the Services.
8. Orders, Evaluations, Pricing, and Payment
8.1 Orders:
Licenses, subscriptions, Hosted Services, maintenance, Support Services, Professional Services, and other offerings are provided under the applicable Order, any Customer Agreement, and these Terms. Any terms in a purchase order, vendor registration form, supplier portal, or other document you provide that add to or conflict with these Terms, an Order, or a Customer Agreement are rejected and have no effect, even if we accept, sign, or acknowledge that document.
8.2 Evaluations:
If we provide any Product, module, or feature for evaluation, trial, proof of concept, pilot, beta, or preview (an “Evaluation”), you may use it only to evaluate it internally, during the period and within the scope we specify. Evaluations are provided “AS IS,” without warranty, indemnity, service levels, or support obligations. They may contain errors and may be changed or ended at any time. To the maximum extent permitted by law, Alkren has no liability arising from any Evaluation. When an Evaluation ends, you must stop using and delete the evaluated items unless you purchase a license or subscription, and we may delete any Customer Data in the Evaluation environment.
8.3 Pricing and errors:
Prices, descriptions, specifications, availability, and capabilities shown on the Website or in our materials may change without notice and may contain errors. We may correct any error and may cancel any Order affected by a material error, even after we accept it. If we do, we will refund any amount you paid for the affected items.
8.4 Payment:
The Website does not take card payments. Unless the Order or Customer Agreement states otherwise: (a) fees are stated and payable in US dollars; (b) invoices are due within 30 days after the invoice date; and (c) all fees are payable without set-off, deduction, or counterclaim. If you provide a payment method for an Order, you authorize us and our payment processors to charge it for fees that are due.
8.5 Late payment:
Overdue amounts accrue interest at the lower of 1.5% per month or the maximum rate permitted by law, from the due date until paid. You will reimburse our reasonable costs of collection, including reasonable attorneys’ fees. If any amount is overdue, we may, after giving notice, suspend access to the Services, releases, License Keys, and Support Services until all overdue amounts are paid in full.
8.6 Taxes:
Fees do not include taxes, duties, levies, or similar governmental charges, including sales, use, value-added, goods and services, and withholding taxes (“Taxes”). You are responsible for all Taxes associated with your purchases, except taxes on Alkren’s net income. If the law requires you to withhold any Taxes, you will increase your payment so that we receive the full amount we would have received without the withholding.
8.7 No refunds:
All fees are non-refundable and all purchases are final, except as expressly stated in an Order or Customer Agreement, or as required by applicable law.
8.8 Payment disputes:
You must notify us in writing of any invoice dispute within 30 days after the invoice date, or the invoice will be treated as accepted. You agree to contact us before starting any chargeback or payment reversal. If you start a chargeback without a valid basis, we may suspend or terminate your access and licenses and recover our costs.
8.9 Renewals:
Subscriptions, term licenses, and maintenance renew or expire as stated in the applicable Order or Customer Agreement. If that document provides for automatic renewal, you may cancel as it describes.
8.10 Resellers and partners:
If you buy through an authorized reseller, distributor, or partner, your payment and commercial terms are between you and that partner. Your use of the Products and Services is still governed by these Terms and by any Customer Agreement or license terms we issue. Partners are not authorized to make any promise, representation, or warranty on behalf of Alkren, and Alkren is not bound by any such statement. If a partner does not pay Alkren for your purchase, we may suspend or terminate the related licenses and Services.
9. Software License
9.1 License grant:
Subject to your compliance with these Terms, the applicable Order and any Customer Agreement, and payment of all applicable fees, Alkren grants you a limited, non-exclusive, non-transferable, non-sublicensable license, during the license term stated in the Order, to download, install, and use the Software in object-code form. You may use it solely for your internal business purposes, in accordance with the Documentation, and within the modules, scope, and usage limits you purchased, such as the number of users, identities, assets, devices, servers, instances, environments, or other metrics stated in the Order. If the Order states no term, the license continues until it ends under these Terms.
9.2 Separate license terms:
If Software comes with a separate end user license agreement or other license terms, those terms govern that Software and prevail over this Section 9 to the extent of any conflict.
9.3 Restrictions:
Except as expressly permitted by these Terms or by law that cannot be waived, you must not, and must not allow anyone else to:
• copy the Software, except as reasonably necessary for licensed use and for a reasonable number of backup copies;
• modify, adapt, translate, or create derivative works of the Software or Documentation;
• reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, models, or underlying structure of the Software;
• bypass, disable, or tamper with License Keys, license verification, entitlement controls, copy protection, usage limits, or other technical measures;
• use the Software beyond the licensed modules, scope, or usage limits, or reuse License Keys beyond what you are licensed for;
• sell, resell, rent, lease, lend, sublicense, distribute, transfer, or otherwise make the Software or License Keys available to any third party;
• use the Software to provide services to third parties, including as a managed service, service bureau, outsourcing, or hosting offering, unless an Order or Customer Agreement expressly permits it;
• remove, alter, or obscure any proprietary notices, labels, or marks;
• use the Software or Documentation to build, train, or improve a competing product or service;
• publish or disclose the results of any benchmark, performance, or security test of the Software without our prior written consent; or
• use the Software in violation of any law or third-party right, or for any High-Risk Use (as defined in Section 9.8).
9.4 License Keys and verification:
License Keys are Alkren’s Confidential Information and are licensed to you only for your licensed scope. The Software may include license-management technology that validates License Keys and entitlements and enforces usage limits. You must not interfere with these technologies. If your license expires or ends, or if you exceed your licensed scope, the Software may stop working in whole or in part.
9.5 License compliance:
On our reasonable written request, and no more than once in any 12-month period, you will certify in writing that your use of the Software complies with these Terms and the applicable Order, and you will provide reasonable supporting information, such as usage reports generated by the Software. If your use exceeds your licensed scope, you will promptly pay for the excess use at our then-current list prices, in addition to any other remedies available to us.
9.6 Updates and releases:
We may provide updates, upgrades, patches, and new releases at our discretion, unless an Order or Customer Agreement requires us to provide them. Some updates may be required for continued use, support, or security. We may stop supporting older releases. Updates are licensed under these Terms unless they come with separate terms.
9.7 Third-party and open-source components:
The Software may include third-party or open-source components that are licensed under their own terms, which govern those components. Nothing in these Terms limits your rights under, or grants you rights that supersede, any open-source license that applies to them.
9.8 High-risk use:
The Products are not designed, intended, or certified for use in hazardous environments requiring fail-safe performance, such as the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, life-support or other medical systems, weapons systems, or any other use in which failure of the Products could lead to death, personal injury, or severe physical or environmental damage (“High-Risk Use”). You must not use the Products for any High-Risk Use.
9.9 Evaluations:
Software provided for an Evaluation is subject to Section 8.2.
9.10 Ownership:
The Software is licensed, not sold. Alkren and its licensors keep all right, title, and interest in the Software, Documentation, and License Keys, including all intellectual property rights. All rights not expressly granted to you are reserved.
10. Hosted Services
10.1 Access:
Subject to these Terms, the applicable Order and any Customer Agreement, and payment of all applicable fees, Alkren grants the Customer and its Authorized Users a limited, non-exclusive, non-transferable, non-sublicensable right, during the subscription term stated in the Order, to access and use the Hosted Services. This right may be used solely for the Customer’s internal business purposes, in accordance with the Documentation, and within the purchased modules, scope, and usage limits. The restrictions in Section 9.3 apply to the Hosted Services as if they were Software.
10.2 Shared responsibility:
Alkren is responsible for operating the hosted infrastructure for the Hosted Services as described in the Order and Documentation. The Customer is responsible for everything else within its control, including:
• configuring and using the Hosted Services appropriately;
• managing Authorized Users, roles, permissions, credentials, and multi-factor authentication;
• the integrations it enables and the access it grants to its own systems, cloud accounts, and data sources;
• the Customer Data it chooses to submit or process; and
• its own security, backup, business continuity, and incident response measures.
10.3 Availability:
Unless an Order or Customer Agreement includes a service level commitment, we do not guarantee any level of availability, uptime, or performance. Where a service level commitment applies, any service credits it provides are your sole and exclusive remedy for failure to meet it. The Hosted Services may be unavailable during scheduled or emergency maintenance and because of events beyond our control.
10.4 Usage limits:
The Hosted Services may be subject to usage, rate, storage, and other limits stated in the Order or Documentation. We may throttle, suspend, or limit any use that exceeds those limits or that we reasonably believe threatens the security, stability, or performance of the Hosted Services or of other customers.
10.5 Hosting locations:
Customer Data in the Hosted Services is stored and processed in the regions stated in the Order or Customer Agreement. If no region is stated, we may store and process it in any location where we or our service providers operate.
10.6 End of subscription:
Unless the Order or Customer Agreement states otherwise, the Customer may request an export of its Customer Data for 30 days after a subscription ends, to the extent the Hosted Services support export. After that period, we have no obligation to keep Customer Data and may delete it, subject to applicable law. Copies in backups are deleted on our normal backup cycle.
11. Customer Data
11.1 Ownership:
As between the parties, the Customer keeps all rights in its Customer Data.
11.2 License to Alkren:
The Customer grants Alkren and its service providers a worldwide, non-exclusive, royalty-free license to host, copy, process, transmit, and display Customer Data only as needed to provide, secure, maintain, and support the Services; to prevent or address technical or security issues; to comply with law; and as otherwise permitted by the Order or Customer Agreement.
11.3 Customer responsibilities:
The Customer is solely responsible for the accuracy, quality, integrity, and legality of Customer Data and for the means by which it obtained it. The Customer represents and warrants that it has all rights, notices, consents, and lawful bases needed to submit Customer Data to the Services and to have it processed as described in these Terms, and that doing so does not violate any law, contract, or third-party right.
11.4 Regulated data:
Unless an Order or Customer Agreement expressly permits it and any legally required agreement is in place, the Customer must not submit to the Services protected health information regulated under HIPAA, payment card data subject to the PCI Data Security Standard, classified information, technical data controlled under the International Traffic in Arms Regulations, or any other data whose processing requires certifications or agreements that Alkren has not expressly committed to in writing.
11.5 Personal data processing:
To the extent Alkren processes personal data within Customer Data on the Customer’s behalf, it does so as a processor or service provider under the data processing terms in the Customer Agreement, the Order, or a separate data processing agreement between the parties. Customers that need a data processing agreement may request one through the Customer Portal or the contact form on our Contact page. Until one is in place, Alkren will process such personal data only to provide the Services, on the Customer’s instructions as expressed in these Terms and in the Customer’s use of the Services, and as required by law.
11.6 Usage Data:
Alkren may collect and use data about the operation, performance, and use of the Services, such as logs, feature usage, configuration metadata, and license and entitlement information, as well as aggregated or de-identified data that does not identify the Customer, its Authorized Users, or any individual (together, “Usage Data”). We use Usage Data to provide, secure, support, and improve the Services, to verify license compliance, and for other lawful business purposes. Alkren owns all Usage Data.
11.7 Security and backups:
Alkren maintains reasonable administrative, technical, and organizational safeguards designed to protect Customer Data in the Hosted Services, as further described in any Order or Customer Agreement. No security measure is perfect, and Alkren does not guarantee that Customer Data will be free from unauthorized access, loss, or corruption. Unless an Order expressly includes backup services, the Customer is responsible for maintaining its own backups of Customer Data. Alkren is not liable for any loss or corruption of Customer Data except as expressly stated in an Order or Customer Agreement.
11.8 Legal requests:
If a third party serves Alkren with a legal demand for Customer Data, Alkren may disclose Customer Data as required by law. Where legally permitted, Alkren will use reasonable efforts to notify the Customer so that it can seek a protective order or other remedy.
12. Security Testing, Validation, and Monitoring Features
12.1 What these features do:
Some Products include features that discover assets, scan for vulnerabilities, simulate attacks, validate security controls, perform adversarial testing of AI systems, monitor or record activity and sessions, manage or broker privileged credentials, inspect configurations or traffic, or collect data from systems and users (“Security Features”).
12.2 Authorized use only:
You must:
• use Security Features only on systems, networks, applications, cloud accounts, AI models and agents, devices, and data that you own or are expressly authorized in writing to test, monitor, or access;
• obtain and keep all authorizations, consents, and notices required by law or contract, including from system owners, cloud and hosting providers, employees, and other individuals whose activity or data may be monitored or processed;
• comply with all applicable laws, including computer misuse, anti-hacking, wiretapping, electronic communications, employee monitoring, data protection, and privacy laws;
• plan, configure, and run Security Features carefully, with appropriate change control and scheduling; and
• never use Security Features for any malicious, offensive, or unauthorized purpose, including to gain unauthorized access to systems or data, to exfiltrate data, or to harm any person or organization.
12.3 Risks:
Security testing, validation, and monitoring can cause system instability, downtime, degraded performance, data loss or corruption, account lockouts, security alerts, and other disruption. You assume all risks of using Security Features. Alkren is not responsible for any such consequences or for your decisions about when, where, and how to run Security Features.
12.4 Responsibility and enforcement:
You are solely responsible for all use of Security Features by you and your Authorized Users, and you will indemnify Alkren under Section 27 for any claim arising from unauthorized or unlawful use. We may suspend access to Security Features immediately if we reasonably believe they are being misused, and we may report suspected unlawful use to the authorities.
13. AI Features
13.1 Scope:
Some Products and Services include features that use artificial intelligence or machine learning, including generative AI and AI agents (“AI Features”). Inputs you provide to AI Features and the outputs they generate (“Outputs”) are Customer Data when they are processed in the Hosted Services.
13.2 Outputs:
AI Features are probabilistic. Outputs may be inaccurate, incomplete, outdated, biased, or inappropriate, and similar Outputs may be generated for others. You must independently review and verify Outputs before relying or acting on them. You are solely responsible for decisions you make and actions you take based on Outputs, including security, access, remediation, compliance, privacy, and personnel decisions.
13.3 No professional advice:
Outputs are not legal, regulatory, compliance, audit, or other professional advice.
13.4 Human oversight:
You must not use AI Features to make decisions that produce legal or similarly significant effects on individuals without appropriate human review. You must comply with all laws that apply to your use of AI Features and Outputs.
13.5 Automated actions:
If you configure AI Features or other automation to take actions in your environment, such as changing access, isolating systems, or modifying configurations, you are responsible for defining, approving, and monitoring those actions and their consequences.
13.6 Third-party models and training:
AI Features may use models provided by third parties, as described in the Documentation or Order. Any use of Customer Data to train or fine-tune AI models is governed by the Customer Agreement, the Order, or the data processing agreement that applies to the Customer.
14. Knowledge Base, Documentation, and Reference Materials
The Knowledge Base, Documentation, reference documents, and other informational Content are provided to help you evaluate and use our Products. They may not cover every situation, may become outdated, and may contain errors. They are not legal, compliance, security, engineering, or other professional advice. You are solely responsible for how you use them, including any changes you make to your systems, and you should back up your systems and data before following any instructions.
You may view, download, and print the Knowledge Base and Documentation solely for your internal use in evaluating or using our Products. Non-public Documentation and Knowledge Base content made available through the Customer Portal is Alkren’s Confidential Information. You must not publish, distribute, or share these materials with third parties, or use them to train or develop any artificial intelligence or machine learning model, without our prior written consent.
15. Support Services and Professional Services
15.1 Support scope:
We provide Support Services as described in the applicable Order, Customer Agreement, or support plan. If none applies, we may provide support at our discretion and may stop at any time. Unless an Order or Customer Agreement expressly provides otherwise, we do not guarantee any response time or resolution time, or that any issue can be resolved.
15.2 Your cooperation:
To receive support, you must give us accurate and complete information about the issue and your environment, and reasonable cooperation. You are solely responsible for backing up your systems and data before requesting support and before applying any fix, workaround, or recommendation we provide.
15.3 Support tickets:
Do not include in support tickets any information that is not reasonably necessary to resolve the issue, such as passwords, private keys, secrets, payment card numbers, health information, or other sensitive personal information. We may close tickets that are inactive, duplicated, abusive, or outside the scope of support.
15.4 Remote access:
If you give us remote access to your systems or data for Support Services or Professional Services, you represent that you are authorized to do so. You remain responsible for your systems, your data, and the security of the access you provide, including revoking it when it is no longer needed. We will use that access only to provide the services you requested.
15.5 Exclusions:
Unless an Order or Customer Agreement provides otherwise, Support Services do not cover problems caused by use other than in accordance with these Terms or the Documentation; modifications not made by Alkren; unsupported releases; third-party hardware, software, networks, or services; or accidents, misuse, negligence, or events beyond our control. If you agree in advance, we may charge for support of excluded issues at our then-current rates.
15.6 Professional Services:
We provide Professional Services as described in the applicable Order or statement of work. You will provide timely access, information, decisions, and cooperation, and we are not responsible for delays you cause. Unless the Order states otherwise, Alkren owns all deliverables, tools, and know-how created in performing Professional Services, excluding any Customer Data included in them, and you receive a non-exclusive license to use the deliverables for your internal business purposes together with the Products you license.
16. Your Security and Compliance Responsibilities
The Products are tools that support your security, identity, data protection, privacy, risk, compliance, AI governance, architecture, and IT operations programs. They do not replace those programs. You remain solely responsible for:
• your security program, policies, controls, and incident response;
• deciding whether the Products meet your requirements;
• configuring, operating, and monitoring the Products appropriately;
• interpreting and acting on findings, alerts, scores, risk ratings, recommendations, and other outputs; and
• complying with the laws, regulations, standards, frameworks, and contracts that apply to you.
Alkren does not guarantee that the Products will identify, prevent, or mitigate all threats, vulnerabilities, misconfigurations, exposures, incidents, or breaches. Alkren also does not guarantee that using the Products will result in compliance with any law, regulation, framework, standard, or certification, or that any audit, assessment, or certification will succeed.
17. Intellectual Property
17.1 Ownership:
The Services and all Content, including the Products, Documentation, Knowledge Base, and the design, selection, and arrangement of the Website, are owned by Alkren or its licensors. They are protected by copyright, trademark, patent, trade secret, and other intellectual property laws. Except for the limited rights expressly granted in these Terms, nothing gives you any right, title, or interest in the Services or Content.
17.2 Website license:
Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and view the Website, and to download or print a reasonable number of pages, for your internal business use in evaluating or using our Products. You must keep all proprietary notices intact.
17.3 Trademarks:
“Alkren,” the Alkren logo, and the names and logos of Alkren solution suites, products, and modules are trademarks of Alkren. You may not use them without our prior written permission, except to refer to our Products accurately and in a way that does not suggest sponsorship or endorsement. Other trademarks on the Services belong to their respective owners.
18. Submissions and Feedback
18.1 Submissions:
You keep any ownership rights you have in your Submissions. You grant Alkren and its service providers a worldwide, non-exclusive, royalty-free license to host, store, copy, process, transmit, display, and use your Submissions to operate and provide the Services, respond to you, improve our products, comply with law, and enforce these Terms. This license lasts for as long as we keep your Submissions under our Privacy Policy.
You represent and warrant that you have all rights and consents needed to provide your Submissions and grant this license, that your Submissions are accurate, and that they do not violate any law or infringe any third-party right, including intellectual property, privacy, and publicity rights. We may refuse or remove any Submission at any time, and you are responsible for keeping your own copies.
18.2 Feedback:
If you give us suggestions, ideas, comments, or other feedback about the Services or our products (“Feedback”), you grant Alkren a perpetual, irrevocable, worldwide, royalty-free, fully paid, transferable, and sublicensable license to use, copy, modify, and commercialize the Feedback for any purpose, without compensation or attribution to you. Feedback is not confidential, and we have no obligation to use it.
19. Acceptable Use
You must not, and must not attempt to or allow anyone else to:
• use the Services in violation of any law or regulation, or for any fraudulent, deceptive, or harmful purpose;
• infringe, misappropriate, or violate the intellectual property, privacy, publicity, or other rights of Alkren or any third party;
• access, or try to access, any account, system, network, or data without authorization, including another user’s account or any non-public area of the Services;
• probe, scan, or test the vulnerability of the Services, or breach or circumvent any security, authentication, or access control measure, without our prior written permission;
• interfere with or disrupt the Services, including by overloading, flooding, or spamming them, or by launching a denial-of-service attack;
• upload or transmit viruses, malware, ransomware, or other harmful code;
• use bots, scrapers, crawlers, or other automated means to access, copy, or collect data from the Services, except for public search engines that comply with our robots.txt file;
• copy, mirror, frame, or republish any part of the Services or Content without our written permission;
• use any part of the Services or Content to train, fine-tune, test, or develop any artificial intelligence or machine learning model, or to build any dataset, without our prior written consent;
• use the Products to develop malware, conduct attacks, or support any offensive or unauthorized security activity, or use Security Features other than as permitted by Section 12;
• impersonate any person or organization, misrepresent your identity or affiliation, or submit false or misleading information;
• send spam or other unsolicited or bulk messages through the Services, including through our forms;
• collect or harvest personal information about other users;
• share credentials, or resell, sublicense, or provide access to the Services to anyone not authorized under these Terms;
• use the Services to build, benchmark, or support a competing product or service, or for competitive analysis;
• submit anything that is unlawful, defamatory, obscene, harassing, threatening, or discriminatory; submit false, fraudulent, or bad-faith privacy, legal, copyright, or security reports; or use our forms to harass anyone or to send messages to people who did not ask for them; or
• encourage, assist, or enable anyone else to do any of the above.
We may investigate suspected violations and take any action we consider appropriate, including removing content, suspending or terminating access, and reporting conduct to and cooperating with law enforcement.
Reporting vulnerabilities. If you believe you have found a security vulnerability in the Services, report it through the contact form on our Contact page, choosing the topic “Security report,” and do not exploit or publicly disclose it. Reporting a vulnerability does not authorize any testing that these Terms prohibit. Alkren does not run a bug bounty program: no reward is offered or owed for any report unless Alkren agrees in writing in advance, and we do not respond to demands for payment.
20. Copyright Complaints
We respect intellectual property rights. If you believe that material available through the Services infringes your copyright, send us a notice through the contact form on our Contact page, choosing the topic “Legal notice,” that includes:
• your physical or electronic signature;
• identification of the copyrighted work you claim is infringed;
• identification of the material you claim is infringing and where it is located on the Services;
• your name, address, telephone number, and email address;
• a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and
• a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on the owner’s behalf.
We may remove or disable access to material that is alleged to infringe, and we may terminate the accounts of repeat infringers in appropriate circumstances. If you knowingly misrepresent that material is infringing, you may be liable for damages.
21. Confidentiality
21.1 Definition:
“Confidential Information” means non-public information that Alkren discloses to you, or that you access through the Services, that is marked as confidential or that a reasonable person would understand to be confidential. It includes non-public pricing, quotes, and Order terms; License Keys; the Software; non-public Documentation and Knowledge Base content; support communications; product plans and roadmaps; and the contents of the Customer Portal.
21.2 Your obligations:
You must use Confidential Information only to evaluate or use the Services as permitted by these Terms. You must not disclose it to anyone except your employees and contractors who need to know it for that purpose and who are bound by confidentiality obligations at least as protective as these. You must protect it with at least reasonable care, and you are responsible for any breach by the people you share it with.
21.3 Exceptions:
Confidential Information does not include information that: (a) is or becomes public through no fault of yours; (b) you already knew without a duty of confidentiality; (c) you lawfully receive from a third party without a duty of confidentiality; or (d) you develop independently without using our Confidential Information. You may disclose Confidential Information if the law requires it, provided that you give us prompt prior notice where legally permitted and cooperate with any effort to obtain confidential treatment.
21.4 Remedies:
Unauthorized use or disclosure of Confidential Information may cause Alkren irreparable harm for which money damages would be inadequate. Alkren may seek injunctive relief, without posting a bond where permitted by law, in addition to any other remedies.
21.5 Separate agreements:
If you have signed a separate non-disclosure agreement or a Customer Agreement with Alkren, its confidentiality terms also apply and govern in case of any conflict.
22. Third-Party Services and Integrations
The Services may link to, or integrate with, third-party websites, software, cloud platforms, directories, security tools, AI models, and other products or services that we do not own or control (“Third-Party Services”). When you enable an integration, you authorize Alkren to exchange data with that Third-Party Service as needed to operate the integration.
We do not endorse and are not responsible for any Third-Party Service, including its content, availability, security, accuracy, changes to its interfaces, or handling of your data. Your use of any Third-Party Service is at your own risk and is governed by that third party’s terms. Alkren is not liable for any loss or damage arising from your use of, or any change to or unavailability of, a Third-Party Service.
23. Privacy
Our Privacy Policy and Cookie Policy explain how we collect, use, and disclose information about you, and they are incorporated into these Terms by reference. If you provide personal information about other people, for example in a support ticket or as Customer Data, you are responsible for ensuring that you collected and provided it lawfully, with any required notices and consents.
24. Export Controls, Sanctions, and Government Users
24.1 Export controls and sanctions:
The Products, Documentation, and other Services, including any encryption functionality, may be subject to export control and economic sanctions laws. These include the laws of the United States, such as the Export Administration Regulations and the sanctions regulations administered by the US Department of the Treasury’s Office of Foreign Assets Control, and the laws of other countries. You represent and warrant that you are not located in, organized under the laws of, or ordinarily resident in any country or region subject to comprehensive US sanctions, and that you are not identified on, or owned or controlled by any party identified on, any US government list of prohibited or restricted parties. You must not export, re-export, transfer, download, access, or use the Services in violation of these laws, or for any prohibited end use, including the development of weapons of mass destruction or any military end use prohibited by law. We may suspend or terminate access immediately to comply with these laws.
24.2 US Government end users:
The Products and Documentation are “commercial products,” “commercial computer software,” and “commercial computer software documentation” as those terms are used in the US Federal Acquisition Regulation (FAR) and the Defense Federal Acquisition Regulation Supplement (DFARS). Any use by or for the US Government is governed solely by these Terms and the applicable Order or Customer Agreement, consistent with the applicable provisions of the FAR and DFARS.
25. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS EXPRESSLY STATED IN AN ORDER OR CUSTOMER AGREEMENT, THE SERVICES, INCLUDING THE WEBSITE, CUSTOMER PORTAL, PRODUCTS, LICENSE KEYS, DOCUMENTATION, KNOWLEDGE BASE, SUPPORT SERVICES, PROFESSIONAL SERVICES, AI FEATURES, OUTPUTS, AND ALL CONTENT, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. ALKREN, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES, LICENSORS, AND SUPPLIERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, AND SYSTEM INTEGRATION, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
WITHOUT LIMITING THE FOREGOING, ALKREN DOES NOT WARRANT THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY PARTICULAR RESULT; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (D) THE SERVICES OR ANY DOWNLOADS WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (E) THE PRODUCTS WILL BE COMPATIBLE WITH YOUR HARDWARE, SOFTWARE, OR SYSTEMS; (F) THE PRODUCTS WILL DETECT, PREVENT, OR MITIGATE ANY THREAT, VULNERABILITY, INCIDENT, OR BREACH, OR WILL RESULT IN COMPLIANCE WITH ANY LAW, REGULATION, OR STANDARD; OR (G) ANY CONTENT, OUTPUT, DOCUMENTATION, KNOWLEDGE BASE ARTICLE, OR SUPPORT ADVICE WILL BE ACCURATE, COMPLETE, OR CURRENT.
YOU USE THE SERVICES, AND DOWNLOAD, INSTALL, AND RUN ANY SOFTWARE, AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR SYSTEMS, LOSS OF DATA, OR OTHER HARM THAT RESULTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ALKREN OR THROUGH THE SERVICES CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS, AN ORDER, OR A CUSTOMER AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. IN THOSE JURISDICTIONS, THE ABOVE EXCLUSIONS APPLY TO THE FULLEST EXTENT PERMITTED, AND ANY WARRANTY THAT CANNOT BE EXCLUDED IS LIMITED TO THE MINIMUM SCOPE AND SHORTEST DURATION PERMITTED BY LAW.
26. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
26.1 Excluded damages:
IN NO EVENT WILL ALKREN OR ITS AFFILIATES, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, OR SUPPLIERS (THE “ALKREN PARTIES”) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, OR ANTICIPATED SAVINGS; ANY LOSS, CORRUPTION, OR UNAVAILABILITY OF DATA; ANY DAMAGES ARISING FROM A CYBERATTACK, SECURITY INCIDENT, OR BREACH AFFECTING YOUR SYSTEMS OR DATA; ANY BUSINESS INTERRUPTION; OR ANY COST OF SUBSTITUTE GOODS, SOFTWARE, OR SERVICES, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES. THIS APPLIES HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY, STATUTE, OR OTHERWISE, EVEN IF THE ALKREN PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
26.2 Liability cap:
THE TOTAL AGGREGATE LIABILITY OF THE ALKREN PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS YOU ACTUALLY PAID TO ALKREN FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE LIABILITY; OR (B) ONE HUNDRED US DOLLARS (US$100).
26.3 Application:
THESE LIMITATIONS APPLY TO ALL CLAIMS IN THE AGGREGATE AND ARE NOT ENLARGED BY THE EXISTENCE OF MORE THAN ONE CLAIM. THEY ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND ALKREN, AND ALKREN WOULD NOT PROVIDE THE SERVICES WITHOUT THEM. IF AN ORDER OR CUSTOMER AGREEMENT CONTAINS A DIFFERENT LIMITATION OF LIABILITY, THAT LIMITATION GOVERNS CLAIMS ARISING UNDER IT.
26.4 Non-excludable liability:
NOTHING IN THESE TERMS LIMITS OR EXCLUDES ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW, SUCH AS LIABILITY FOR FRAUD, OR FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE WHERE THE LAW DOES NOT ALLOW SUCH LIABILITY TO BE LIMITED.
27. Indemnification
To the maximum extent permitted by law, you will defend, indemnify, and hold harmless the Alkren Parties from and against all claims, demands, actions, proceedings, losses, damages, liabilities, judgments, settlements, penalties, fines, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to:
• your access to or use of the Services;
• your Submissions or Customer Data;
• your breach of these Terms, an Order, or a Customer Agreement;
• your violation of any law or regulation;
• your infringement or violation of any third-party right, including intellectual property, privacy, and publicity rights;
• any use of Security Features or AI Features by you or your Authorized Users, including any testing, monitoring, or automated action taken without proper authorization;
• any use of the Products beyond your licensed scope or for any High-Risk Use;
• the Third-Party Services and integrations you enable; or
• the acts or omissions of your Authorized Users and of anyone else who accesses the Services through your account or credentials.
We may assume the exclusive defense and control of any matter for which you must indemnify us, at your expense, and you will cooperate with our defense. You must not settle any such matter without our prior written consent.
28. Suspension and Termination
28.1 By you:
You may stop using the Services at any time. Doing so does not entitle you to a refund and does not end your obligations under any Order or Customer Agreement, unless that document states otherwise.
28.2 By us:
We may suspend or terminate your access to all or part of the Services, including your account, at any time and with or without notice, if: (a) you breach these Terms, an Order, or a Customer Agreement; (b) you fail to pay any amount when due; (c) we reasonably believe your use poses a security, legal, or reputational risk to Alkren or others, or could expose us to liability; (d) the law or a governmental authority requires it; or (e) we discontinue the relevant Services. We may also end access to the Website and to any free or Evaluation Services for any reason.
28.3 Paid licenses and subscriptions:
Ending your access to the Website or Customer Portal for a reason other than your breach or non-payment does not terminate any paid license in good standing under an Order, which continues under its terms. If we terminate a paid subscription or term license for a reason other than your breach or non-payment, we will refund any prepaid fees for the unused remainder of its term. That refund is your sole and exclusive remedy for such termination.
28.4 Effect of termination:
When your access, license, or subscription ends:
• all rights and licenses granted to you for the affected Services end immediately;
• you must stop using the affected Services and delete or destroy all copies of the affected Software, License Keys, Documentation, and Confidential Information in your possession or control, and certify that you have done so if we ask;
• Customer Data in the Hosted Services is handled as described in Section 10.6; and
• if the termination results from your breach or non-payment, all unpaid fees for the remainder of the committed term under the Order become immediately due.
28.5 No liability:
We are not liable to you or any third party for any suspension or termination carried out in accordance with these Terms.
28.6 Survival:
Sections 2, 8, 9.3, 9.5, 9.10, 10.6, 11, 12.3, 12.4, 13.2 through 13.5, 14, 15.6, 16, 17, 18, 21, and 24 through 33 survive termination, together with any other provision that by its nature should survive.
29. Dispute Resolution, Binding Arbitration, and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.
29.1 Informal resolution:
Before starting any arbitration or court proceeding, you and Alkren agree to try to resolve informally any dispute, claim, or controversy arising out of or relating to these Terms, any Order, or the Services (a “Dispute”). The party raising a Dispute must send the other party a written notice describing the Dispute and the relief sought (a “Notice of Dispute”). You must send your Notice of Dispute through the contact form on our Contact page, choosing the topic “Legal notice” and including “Notice of Dispute” in your message, with your name, your organization (if any), the email address associated with your use of the Services, and a description of the Dispute. We will send any Notice of Dispute to the email address associated with your account or that you have otherwise provided to us. The parties will then negotiate in good faith for at least 60 days, and all applicable limitation periods are suspended during that period.
29.2 Agreement to arbitrate:
If a Dispute is not resolved within 60 days after the Notice of Dispute is received, either party may start arbitration. Except as provided in Section 29.4, you and Alkren agree that any Dispute will be resolved exclusively by final and binding individual arbitration. The arbitrator will decide all questions about the scope, validity, enforceability, and arbitrability of this Section 29, except that a court will decide any question about the enforceability of Sections 29.5 and 29.7. This arbitration agreement is governed by the US Federal Arbitration Act to the extent it applies, and otherwise by the arbitration law of the Home Jurisdiction.
29.3 Rules and procedure:
The arbitration will be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules or, if you are an individual using the Services primarily for personal, family, or household purposes, its Consumer Arbitration Rules, in each case as modified by this Section 29. If you are located outside the United States, the arbitration will instead be administered by the International Centre for Dispute Resolution (“ICDR”) under its International Arbitration Rules. The arbitration will be conducted in English by a single arbitrator, and its seat will be the Home Jurisdiction. Unless the parties agree otherwise, hearings will be held by videoconference or decided on written submissions. If an in-person hearing is required, it will take place in the Home Jurisdiction, except that for an individual consumer in the United States it will take place in the county where the consumer lives.
Payment of filing, administrative, and arbitrator fees will be governed by the applicable rules. The arbitrator may award any individual relief that a court could award, but only in favor of the individual party seeking relief and only to the extent needed to resolve that party’s individual claim. The award is final and binding, and judgment on it may be entered in any court of competent jurisdiction. The arbitration and any award will be kept confidential, except as needed to enforce the award or as required by law.
29.4 Exceptions:
Either party may: (a) bring an individual claim in small claims court if it qualifies, for as long as it remains there; and (b) bring a lawsuit in court for injunctive or other equitable relief to stop the actual or threatened infringement, misappropriation, or violation of its intellectual property rights or Confidential Information, or any unauthorized use of the Products or License Keys.
29.5 Class action waiver:
YOU AND ALKREN MAY BRING CLAIMS AGAINST EACH OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one party’s claims or preside over any form of class or representative proceeding unless both parties agree in writing. If a court decides that this waiver is unenforceable as to any claim or form of relief, that claim or relief, and only that, will be severed and decided by a court after all other claims have been arbitrated.
29.6 Jury trial waiver:
TO THE EXTENT PERMITTED BY LAW, IF ANY DISPUTE PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND ALKREN EACH WAIVE ANY RIGHT TO A JURY TRIAL.
29.7 Mass arbitration:
If 25 or more demands for arbitration raising similar claims are filed against Alkren by or with the assistance of the same or coordinated counsel or organizations, the AAA’s Mass Arbitration Supplementary Rules, or any comparable ICDR procedures, will apply where available. The parties will cooperate in good faith with the administrator to resolve the demands efficiently and economically, including through batching, the use of a single arbitrator for each batch where permitted, and agreed bellwether proceedings. The limitation period for each claim is suspended from the date its demand is filed until it is administered.
29.8 Right to opt out:
You may opt out of this arbitration agreement by sending us written notice through the contact form on our Contact page, choosing the topic “Legal notice,” within 30 days after you first accept these Terms. Your notice must include your name, your organization (if any), the email address associated with your use of the Services, and a clear statement that you opt out of the arbitration agreement in Section 29. If you opt out, the rest of these Terms still apply, and Disputes will be resolved under Section 30.
29.9 Changes to this Section:
If we change this Section 29, the change will not apply to any Dispute of which we had actual notice before the change took effect. You may reject a material change to this Section by notifying us through the contact form on our Contact page, choosing the topic “Legal notice,” within 30 days after the change takes effect. In that case, the most recent version of this Section that you accepted will continue to apply to you.
29.10 Severability:
If any part of this Section 29 is found unenforceable, the rest of it remains in effect, subject to Section 29.5. If this entire Section 29 is found unenforceable, Disputes will be resolved under Section 30.
29.11 Consumers in certain jurisdictions:
If you are a consumer residing in the European Union, the United Kingdom, or another jurisdiction whose mandatory laws do not allow pre-dispute arbitration agreements or class action waivers with consumers, Sections 29.2 through 29.10 do not apply to you, and you may bring claims in the courts available to you under those laws.
29.12 Survival:
This Section 29 survives the termination of these Terms and the end of your use of the Services.
30. Governing Law and Venue
These Terms, any Order that does not specify its own governing law, and any Dispute are governed by the laws of the Home Jurisdiction, without regard to its conflict-of-laws rules, except that Section 29 is governed as stated in that Section. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act, in any form, do not apply.
Subject to Section 29, any Dispute that is not arbitrated must be brought exclusively in the state or federal courts located in the Home Jurisdiction or, if the Home Jurisdiction is outside the United States, in its competent courts. You and Alkren consent to the personal jurisdiction of those courts and waive any objection to venue there. Alkren may still seek injunctive or other equitable relief to protect its intellectual property, Confidential Information, Products, or License Keys in any court of competent jurisdiction.
If you are a consumer and the mandatory laws of your country of residence give you the right to rely on local law or to bring claims in local courts, nothing in this Section deprives you of that right.
31. Time Limit for Claims
To the maximum extent permitted by law, any claim arising out of or relating to these Terms or the Services must be filed within one (1) year after the cause of action arises. Otherwise, the claim is permanently barred.
32. Force Majeure
Alkren is not liable for any delay or failure to perform caused by events beyond its reasonable control. These include natural disasters, fire, flood, epidemics or pandemics, war, terrorism, civil unrest, labor disputes, government actions, sanctions, power or internet failures, cyberattacks, and failures of third-party hosting, telecommunications, or other service providers.
33. General Provisions
33.1 Entire agreement:
These Terms, the Privacy Policy, the Cookie Policy, any applicable Order, any Customer Agreement, and any separate license terms for the Software are the entire agreement between you and Alkren about the Services. They supersede all prior or contemporaneous agreements, proposals, and communications on that subject.
33.2 Order of precedence:
Unless a Customer Agreement states otherwise, if these documents conflict, they apply in this order: (a) the Customer Agreement; (b) the Order, for the transaction it covers; (c) any separate license terms that accompany the Software; (d) these Terms; and (e) the Privacy Policy and Cookie Policy.
33.3 Assignment:
You may not assign or transfer these Terms, or any of your rights or obligations under them, by operation of law or otherwise, without our prior written consent. Any attempt to do so is void. We may assign or transfer these Terms, in whole or in part, without your consent, including in connection with a merger, acquisition, reorganization, or sale of assets.
33.4 Severability:
If any provision of these Terms is held invalid or unenforceable, it will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
33.5 No waiver:
Our failure to enforce any right or provision is not a waiver of it. A waiver is effective only if it is in writing and signed by Alkren.
33.6 Relationship:
The parties are independent contractors. These Terms do not create any partnership, joint venture, employment, agency, or fiduciary relationship.
33.7 Third-party beneficiaries:
Except for the Alkren Parties under Sections 26 and 27, these Terms do not give any rights to any third party.
33.8 Notices:
We may give you notices by email, through the Customer Portal, or by posting them on the Website. Notices by email are effective when sent, and notices posted on the Website are effective when posted. You must send notices to us through the contact form on our Contact page, choosing the topic “Legal notice.”
33.9 Interpretation:
Headings are for convenience only and do not affect interpretation. These Terms will not be construed against either party because that party drafted them.
33.10 Language:
These Terms are written in English. Any translation is provided for convenience only, and the English version controls if there is a conflict.
33.11 Statutory rights:
Nothing in these Terms limits any rights you may have that cannot be limited or waived under applicable law.
34. Contact Us
If you have questions about these Terms, use the contact form on our Contact page, linked as “Contact Alkren” in the footer of every page, and choose the topic “Legal notice” or “General question.” If you are a Customer, you may also open a support ticket in the Customer Portal.