Essential Takeaways

We will not:

 

 

We will:

 

 

As a customer, you will be required to:

 

 

Please note:

The above excerpt is not an alternative to our Terms and Conditions. The essential takeaways published above aim to answer some of the most common questions associated with our Terms and Conditions. These key takeaways are defined by the Terms and Conditions we pursue but they do not contain the entire information. For complete information, please read the full version of our Terms and Conditions.   

Alfa Protection Terms and Conditions

Last updated:

 

22/05/ 2017

 

Alfa Protection is a web-based service that uses machine learning algorithms to model predictive analytics which will help to identify user intent and uncover real-time fraudulent practices (the Alfa Protection Service). To uncover fraudulent patterns in data, Alfa Protection Service analyzes both its customers’ data and the information submitted by third parties as part of its global data framework. The main benefit of using Alfa Protection is to protect a company against fraud on the part of company’s customers using its services.

 

The service Alfa Protection delivers is defined by the requirements laid out in these Terms and Conditions (Agreement). In order to benefit from using the Alfa Protection Service, the person or company that wishes to use Alfa Protection must consent to follow this Agreement. The action that defines a customer’s consent to use the Alfa Protection Service is a click on the “I accept” button or other means provided by Alfa Protection.

 

Please go through the Terms and Conditions we defined. Should you consent to these rules, this Agreement will qualify as a legally binding obligation for both parties, Alfa Protection and Customer.

 

In accordance with the aforementioned and the Terms and Conditions disclosed below, the parties express their consent in the following way:

1. Alfa Protection Service

1.1. The general services. The Customer expects to deploy functionality (Customer Properties) the Alfa Protection Service provides. The Alfa Protection Service is delivered based on the terms and conditions of this Agreement. The Customer will be able to use and apply the Alfa Protection Service and the Customer Properties it provides via application programing interfaces (APIs). The Customer can add information (Raw Data) to the Alfa Protection Service via APIs and dashboard. The analytical feedback delivered by the Alfa Protection Service is the result of a data processing that combines the Customer’s data with the other data that the Alfa Protection Service uses.     

 

1.2. Data protection

 

  1. a) general provisions. The Customer is the owner of the Raw Data, while Alfa Protection is the owner of the Analytical Results. Alfa Protection handles the Raw Data according to the rules defined by this Agreement. Alfa Protection is obliged to ensure that all technical and administrative steps are taken to safeguard the Raw Data against illegitimate access, disclosure and loss. Alfa Protection will instantly inform the Customer of any attempted, suspected or actual infringement of the Customer’s Raw Data. Alfa Protection will follow the provisions of the relevant legislative regulations (Laws) to effectively deal with a safety breach and inform the Customer of its actions.   

 

  1. b) Additional application of the Raw Data. As part of this Agreement, the Customer is consent to authorize Alfa Protection to consistently use the Raw Data in order to identify and prevent fraud and use this right to the degree it deems necessary. As follows from such consent, the Raw Data will be combined with the raw data of the other Alfa Protection customers. The Customer’s identity will not be disclosed to other Alfa Protection customers or third parties in any analytical reports compiled by Alfa Protection.
  2. c) Deletion of the data. In case the Customer breaks this Agreement, the Customer is free to delete the Raw Data. Alfa Protection is bound to delete such data within ninety days.

 

1.3. Marketing. Having obtained the Customer’s agreement and following the copyright guidelines as defined by the Customer, Alfa Protection may incorporate the Customer’s name and brand logo in any of its promotional, marketing or advertising materials.  

2. Additional terms and conditions

2.1. Limitations. The Customer can use the Analytical Results delivered by the Alfa Protection Service solely for the purpose of: (a) identifying and preventing fraud; (b) complying with the Acceptable Use Policy and sensible recommendations as defined by Alfa Protection and which Alfa Protection is entitled to update occasionally. The Customer will not take part in any action that offends the rights defined by this Agreement or other rights or that disregards the Alfa Protection Service. The Customer will not give access, resell or authorize third parties to use the Alfa Protection Service. The aforementioned provision entails the Alfa Protection Service itself, Analytical Results and any other data produced as part of using the Alfa Protection Service. The Customer will be held accountable for any use of the Alfa Protection Service within the Customer’s account which also entails any use and infringements by its users. If the Customer finds out that any illegitimate use of the Customer’s account had taken place, the Customer is to inform Alfa Protection instantly.  

 

2.2. Compliance. As defined by this Agreement, the parties will follow the letter and spirit of the Laws, protect personal data and comply with any contractual or other commitments to third parties. The Customer is deemed accountable to comply with the applicable Laws within the jurisdiction the Customer conducts business in. The Customer will not deploy the Alfa Protection Service in any way that is not defined by this Agreement including background checks, financial decisions or job offers that would lead to the violation of any Laws by Alfa Protection. The Customer will agree that the Raw Data will not entail personal data, financial and health records, government-issued IDs or any other data that is defined as sensitive by the Laws.

 

2.3. Privacy policy. The parties will process and store the data as defined by their privacy policies which are to be published on their websites and be available at any time. The parties will ensure that concise disclosures with regards to their activities deriving from this Agreement, including processing of personal data with the aim of fraud prevention, are provided. The Customer will confirm that Alfa Protection’s privacy policy which is to be used by customers using Customer Properties has been read and understood.

3. Payment

3.1. Payment terms. The Customer will pay the pricing as defined at Alf Protection/pricing, unless a custom contract has been signed. Prices (Fees) can be changed periodically. No refunds are provided. Alfa Protection might charge interest at the rate of one percent per one month or the highest rate established by the Laws, whichever is lower, if the fees are not paid. The timeframe for which interest rate applies lasts since the date the payment was due till the date it is actually made. The Customer will compensate all costs incurred by Alfa Protection in the event of Alfa Protection having to collect overdue payments as defined by this Agreement.

 

3.2. Taxes. Any taxes including VAT are not included in the Fees. The Customer is solely responsible for paying any taxes except for the taxes concerning Alfa Protection’s revenue.

4. Confidentiality

4.1. Definitions. Confidential information implies the data given to the receiving party (Receiving Party) that is assigned by the disclosing party (Disclosing Party) as confidential or restrictive or that a sensible individual would define as confidential given the contents of the data and the conditions of the disclosure. Confidential information exclude data that: (a) is or turns out to be publicly known due to the actions not caused by the Receiving Party; (b) is in the Receiving Party's ownership before receiving it from the Disclosing Party; (c) is procured by the Receiving Party from any third party without breaking a confidentiality agreement; or (d) is autonomously created by Receiving Party without reference to the Disclosing Party's Confidential Information. Customer's Confidential Information incorporates the Raw Data. Confidential Information of Alfa Protection incorporates the APIs, the Analytical Results and all information disclosed to the Customer hereunder.

 

4.2. Confidentiality commitments. Receiving Party will utilize Confidential Information exclusively as defined by this Agreement and will unveil such data solely to its representatives, operators, employees and contractors who are bound by confidentiality agreement at least as strict as those defined in this Section. Receiving Party will take reasonable steps to secure Disclosing Party's Confidential Information and to avert unapproved publication of Confidential Information. Confidential Information is and will continue to be the exclusive asset of the Disclosing Party. According to the terms of this Agreement, the Receiving Party will, as followed by a written notice, delete all duplicates of the Disclosing Party's Confidential Information that are in its ownership.

 

4.3. Product data entry. Regardless of any condition in this Agreement, Alfa Protection may utilize, create and deploy any data, recommendations, remarks or other information given by the Customer or any of its clients (Input) concerning the advancement, operation, marketing and sales of the Alfa Protection Service, in its discretion and without reimbursement to any individual providing the Input. The Customer will confirm not to purposefully disclose the Input that is regulated by any third party’s intellectual property rights.

5. Indemnity

The Customer will protect and indemnify Alfa Protection, its executives and representatives against any claim, request, suit or investigation in connection with any infringement or alleged infringement of the terms and conditions of this Agreement.

 

6. Disclaimer

Unless otherwise is stated in this Agreement, the Alfa Protection Service and all supporting services are delivered “As is” and “As Available” and any commitments defined by this Agreement follow the warranties and conditions, express, implied, statutory or other, as well as implied warranties of merchantability, fitness for a specific purpose, and non-infringement, all of which are expressly disclaimed. Alfa Protection does not guarantee that the Alfa Protection Service will operate without interruptions or errors, meet all of customers’ expectations or provide concise and comprehensive analytical results. The Customer confirms that, since the Alfa Protection Service is web-based, its functionality and user interface might alter in the course of time.  

7. Limitation of liability

Except as defined by this provision, by no means and under no legitimate assumption, regardless of whether in tort, contract, or other, will any party be liable to the other for any accidental, indirect or special harm of any nature, including harm for loss of goodwill, lost revenue, lost deals or business, work stoppage, technical failures, lost information, or for any other harm or misfortunes, regardless of the possibility that such event has been advised, known about or ought to have been known about the likelihood of such harm. The above limitations will not concern any breach of Section 2 (Additional Terms), section 4 (Confidentiality) or any payments made to a third party under section 5 (Indemnity).

 

By no means and under no lawful assumption, regardless of whether in tort, contract, or other, will Alfa Protection be liable to the Customer for any immediate harm, expenses or liabilities that, in total, exceed the payments made by the Customer within the twelve-month timeframe preceding to the Customer's first claim.

8. Term and termination

8.1 Term. The term of this Agreement will begin on the Effective Date and will proceed for a period of twelve months. The underlying term will be automatically extended for another twelve months, unless any party provides the other party with a written notice of its inclination not to extend at least sixty days before the then-current term is due to finish.

 

8.2. Termination. Any party may end this Agreement instantly by sending a written notice to the other party, in case the other party reports any material loss of any term of this Agreement and has not replaced such loss within fifteen days upon receiving a written notice of the loss. Furthermore, any party may end this Agreement promptly on sending a written notice to the other party, in case the other party is about to go bankrupt; is declared bankrupt, or is the subject of any investigations connected with its liquidation, indebtedness or the assignment of a receiver; releases an assignment for the advantage of all or considerably the majority of its lenders; or signs the agreement to cancel, extend, or correct the majority of its commitments.

 

8.3 Suspension of the Alfa Protection Service. Despite any contrary arrangement, Alfa Protection may suspend the Alfa Protection Service in case of any action taken by the Customer or any of its clients that has (or, according to Alfa Protection's evaluation, is probably going to have) an unfavorable effect on the functionality of the Alfa Protection Service.

 

8.4 Survival. The conditions of this Section and the next Sections will survive any termination of this Agreement: Section 2 (Additional Terms), Section 3 (Payment), Section 4 (Confidentiality), Section 5 (Indemnity), Section 6 (Disclaimer), Section 7 (Limitation of Liability) and Section 9 (General).

9. General

9.1 Ownership. Alfa Protection and its licensors will hold all proprietorship rights for and the Alfa Protection Service and its fundamental frameworks. The Customer's rights under this Agreement are restricted to those explicitly expressed.

 

9.2. Force Majeure. The parties will not be liable for non-execution created by occasions or conditions beyond their control if the parties make sensible endeavors to perform dutifully.

 

9.3 Notices. Marketing and other business notifications might be sent by email. Any lawful notifications in connection with this Agreement must be in written form and sent to each party’s then-current business address or any other address given by that party. All notifications will be sent by courier services or mailed in a way that requires signature by the receiving party.

 

9.4 Governing law. This Agreement and any questions hereunder will be ruled by the laws of Portugal, and any suit in connection with this Agreement will be sent to and settled by a court of capable authority in Portugal.

 

9.5 Entire agreement. This Agreement represents the whole agreement between the parties in connection with the aforementioned subject and substitutes all earlier touchpoints and agreements whether written or oral regarding the given subject. Each party therefore recognizes that no dependence is put on any description made, yet not referenced, in this Agreement. No order or other copy that implies to adjust or supplement the printed content of this Agreement will add to or alter the terms of this Agreement.

 

9.6 Interpretation. The term “including” or “entailing” used in this Agreement is to mean “including without limitation”.

 

9.7 Modifications: severability. Except as explicitly provided, any change to this Agreement must be made in writing and signed by an approved representative of each party. In the event that any condition of this Agreement is held to be unenforceable, such condition will be changed to the degree sufficient to make it enforceable, and such change won't disable the enforceability of the rest of the conditions.

9.8 Waiver. The inability by a party to gain any privilege hereunder or to demand or authorize strict execution of any condition of this Agreement will not waive such party's entitlement to exercise that or some other right later on.

 

9.9 No agency. Nothing in this will be interpreted to make an organization, joint venture or any kind of agency connection between Alfa Protection and Customer.