These Platform Terms & Conditions ("Terms") govern your use of the Alively wellness platform ("Platform") and our services on the Platform ("Services"), including any customer service or customer support. By accessing or using the Platform or Services, you agree to these Terms (as amended).
1.1 Platform Purpose and Medical Disclaimers
The Platform provides wellness-related information and educational content for general informational purposes only. It is not intended to be, and should not be construed as, medical advice, diagnosis, or treatment. Alively is not a healthcare provider, and the Platform does not substitute consultation with qualified healthcare professionals. You should consult qualified healthcare professionals before making any health-related decisions or changes to your lifestyle based on Platform information. To the fullest extent permitted by law, Alively disclaims any responsibility for health outcomes resulting from your use of the Platform or any third-party services referenced through it.
1.2 User Obligations
You agree to:
- Provide accurate and complete information when registering on or using the Platform.
- Keep your account credentials secure and confidential.
- Use the Platform only for personal wellness purposes.
- Comply with all applicable laws.
- Not share your account or use the Platform for any commercial or unauthorized purposes.
- Not attempt to interfere with Platform operations, performance, or security.
1.3 Data and Privacy
Your use of the Platform is subject to Alively's Privacy Policy, which explains how we collect, use, and protect your information. You may access, correct, or request deletion of your personal data by contacting support@alively.com. You may terminate your account at any time through Platform settings or by contacting support.
1.4 Platform Availability and Third-Party Services
The Platform is provided on an "as is" and "as available" basis without (explicit or implicit) guarantees of continuous availability, fitness for a particular purpose, or error-free operation. Alively may modify, update, upgrade, suspend, or discontinue the Platform (including features and functionality) at any time without notice.
The Platform may reference, integrate with, or provide access to third-party services, applications, content, websites, or providers ("Third-Party Services"). These are provided solely for your convenience and do not constitute an endorsement, recommendation, or quality guarantee by Alively. Alively does not control, operate, or assume responsibility for any Third-Party Services and makes no representations or warranties of any kind regarding their accuracy, reliability, suitability, legality, availability, or safety. Your use of any Third-Party Services is entirely at your own risk and subject to the terms and policies of the respective third parties. To the fullest extent permitted by law, Alively disclaims all responsibility and liability for any acts, omissions, breaches, negligence, misconduct, service failures, or other actions (or inactions) by any Third-Party Service, including personal injury or property damage, financial loss or data breach, service interruptions or malfunctions, misuse of your personal information, or any failure to deliver promised services or content. Alively is not a reseller of Third-Party Services; complaints or claims regarding Third-Party Services are to be directed to the relevant provider.
1.5 Limitation of Liability
SUBJECT TO THE LIMITATIONS SET OUT IN THESE TERMS AND TO THE EXTENT PERMITTED BY LAW, ALIVELY WILL ONLY BE LIABLE FOR DIRECT DAMAGES ACTUALLY SUFFERED, PAID, OR INCURRED BY YOU DUE TO AN ATTRIBUTABLE SHORTCOMING OF ITS OBLIGATIONS IN RESPECT OF THE SERVICES, UP TO AN AGGREGATE AMOUNT OF USD 100. IN NO EVENT SHALL ALIVELY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR LOSSES, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, ARISING FROM YOUR USE OF THE PLATFORM.
Any claim or complaint against Alively in respect of the Services or Platform must be submitted promptly, and in any event within 30 days of the event giving rise to the claim; later claims may be rejected. To the maximum extent permitted by law, you agree to indemnify Alively in full for any third-party claim caused by or attributable to you, a breach of these Terms, or a violation of applicable law.
1.6 Intellectual Property; AI and Machine Learning
Unless stated otherwise, the software and the intellectual property rights (including copyrights) in the content and materials on the Platform are owned by Alively or its partners (or their licensors). You may not copy, scrape, spider, deep-link to, publish, market, integrate, combine, or otherwise use the content or the Alively brand without express written permission, and you may not disassemble, reverse engineer, decompile, or modify any software on the Platform or attempt to access its source code. Alively may deploy algorithmic and machine-learning tools (including generative AI) to provide and improve the Services, such as personalized recommendations and optimized results; where required, deployment is subject to the Privacy Policy. Alively disclaims liability for inaccuracies in automated or algorithmic outputs.
1.7 Changes to Terms
Alively may update these Terms at any time. Continued use of the Platform after changes constitutes acceptance of the revised Terms. If you do not agree to the changes, you must discontinue use of the Platform.
1.8 Termination
You may terminate your account at any time. Alively may suspend or terminate your access for violations of these Terms. Upon termination, your right to use the Platform ends immediately.
1.9 Contact
For questions about these Terms or the Platform, contact support@alively.com.
1.10 Governing Law and Jurisdiction
These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-law principles. Any disputes arising out of or related to these Terms shall be subject to the exclusive jurisdiction of the state or federal courts located in New Castle County, Delaware. The parties waive their right to a trial by jury to the extent permitted by law.