Terms & Conditions

Last Updated: July 11, 2025

These Terms of Use (these “Terms”) govern your access to and use of the websites (including alvys.com, alvys.net, and alvys.ai), mobile applications, software, and other products and services (collectively, the “Service”) provided by Alvys, Inc. (“Alvys,” “we,” “us,” or “our”). These Terms also incorporate our Privacy Policy by reference.

BY ACCESSING OR USING THE SERVICE IN ANY MANNER, CREATING AN ACCOUNT, OR CLICKING “I AGREE” (OR A SIMILAR PROMPT), YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU ARE USING THE SERVICE ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY TO THESE TERMS. IF THAT ENTITY HAS A SEPARATE, WRITTEN MASTER SERVICES AGREEMENT (“MSA”) WITH ALVYS, THE TERMS OF THAT MSA SHALL GOVERN AND TAKE PRECEDENCE IN THE EVENT OF ANY DIRECT CONFLICT WITH THESE TERMS. YOUR CONTINUED USE OF THE SERVICE CONSTITUTES YOUR ONGOING ACCEPTANCE OF THESE TERMS, INCLUDING ANY FUTURE MODIFICATIONS.

1. General

The Service is owned and operated by Alvys, Inc., (“Alvys,” “we,” “our” and “us”). Alvys reserves the right to revise these Terms in its sole discretion at any time by posting the updated Terms on this page. Any changes will be effective prospectively.. Thus, you should visit these pages periodically for changes. If you disagree with any changes to any of these Terms, your sole remedy is to discontinue your use of the Service. Your continued use of the Service after a change has been posted constitutes your acceptance of the change thereafter. The Service is intended for a general business audience and is not directed to persons under the age of eighteen (18).

2. License to Use the Service

Subject to your complete and ongoing compliance with these Terms, Alvys grants you a limited, worldwide, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service during the term of your subscription, solely for your internal business operations. You are responsible and liable for ensuring that your authorized users (or anyone else using your accounts) comply with the terms of this Agreement.

Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or create derivative works of the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it.

3. Definitions and Data Rights

For the purposes of these Terms, "Customer Data" means any data, information, or material you or your Authorized Users submit, upload, or provide to the Service. "Derived Data" means any data that Alvys generates from or about the use of the Service, which is anonymized, aggregated, or otherwise de-identified so that it cannot reasonably be used to identify you or any individual. "Machine Learning Models" means Alvys’s proprietary algorithms, models, and related software that analyze data to generate insights, predictions, or other output. "Alvys Property" means the Service, Derived Data, Machine Learning Models, and all materials therein, and all intellectual property rights related to the foregoing.

As between you and Alvys, you retain all ownership rights in your Customer Data. Alvys and its licensors own all right, title, and interest in and to all Alvys Property.

You grant Alvys a worldwide, non-exclusive, royalty-free license to host, store, use, reproduce, and modify your Customer Data to: (a) provide, maintain, and improve the Service for you; (b) for internal purposes such as data analysis and quality control, subject at all times to Alvys’s confidentiality obligations; and (c) to create Derived Data. You agree that Alvys may use, create, and own Derived Data for any business purpose, including product improvement, research, and marketing. For clarity, our processing of any personal information contained within Customer Data is governed by our Privacy Policy. 

4. Your Responsibilities for Customer Data

You must exercise caution, good sense, and sound judgment in using the Service. You are solely responsible for all Customer Data you transmit to or through the Service. You agree, represent, and warrant that any Customer Data you transmit is truthful, accurate, not misleading, and offered in good faith. For all Customer Data you submit, you further represent and warrant that: (a) you have all necessary rights to submit the Customer Data to the Service and to grant the licenses set forth in this Agreement; (b) Alvys’s use of the Customer Data as described in these Terms will not require Alvys to obtain licenses from or pay royalties to any third party; (c) the Customer Data does not infringe any third party’s rights, including intellectual property and privacy rights; and (d) your submission and use of the Customer Data complies with these Terms and all applicable laws. Alvys has the right, but not the obligation, to monitor all conduct on, and content submitted to, the Service. 

5. Feedback and Submissions

Alvys does not accept or consider unsolicited ideas, concepts or know-how, including ideas for new products or technologies (collectively “Submissions”). Notwithstanding the foregoing, if you send us Submissions, or provide any other feedback or testimonials, you agree that Alvys is free to use such Submissions and feedback for any purpose without any payment or accounting to you or others. In addition, you waive any so-called “moral rights” in any Submissions or feedback. For the avoidance of doubt, the rights granted to Alvys in this section do not apply to Customer Data.

6. Prohibited Activities

In using the Service, you must not use the service in violation of this section (this Section 3 being referred to as the “Acceptable Use Policy” or “AUP”):

  • Send, post, upload or otherwise transmit to or through the Service any data including but not limited to any media, any imagery, text or other content that is unlawful, infringing, harmful, harassing, defamatory, threatening, hateful, discriminatory, violent, fraudulent, vulgar, pornographic, or otherwise objectionable;
  • Knowingly upload or otherwise transmit to or through the Service any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful or unwanted programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
  • Attempt to test, scan, or probe servers without express authorization;
  • Misrepresent your identity or affiliation in any way;
  • Engage in unauthorized credential sharing or allow third-party access to your account;
  • Resell or transfer your account or any Service access without express written permission from Alvys;
  • Scrape or harvest personal data from the Service outside normal product workflows or API terms;
  • Advertise or solicit the sale of any product or service (unless you have a separate agreement to do so with Alvys) or distribute spam;
  • initiate contact with another Marketplace participant using any method outside of the communication tools provided by the Service, unless such contact is explicitly invited or authorized by that participant;
  • use information obtained from the Marketplace to solicit, contact, or conduct business directly with any shipper, consignee, or customer of another user in an attempt to circumvent a transaction initiated through the Marketplace (i.e., back-solicitation);
  • Interfere with the operation of or damage the Service;
  • Without Alvys’s express written permission from an authorized representative, reproduce, duplicate, copy or re-sell or sub-license any part of our site or the Services;
  • Access, search, or otherwise use any portion of the Service through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, and data mining tools) other than the software or search agents provided by Alvys;
  • Use any data or content from the Service to train any artificial intelligence or machine learning model without our express written permission;
  • Use the Service in violation of any advertising, marketing, or telecommunication laws and carrier requirements, including but not limited to the CAN-SPAM Act, the Telephone Consumer Protection Act (TCPA), the FTC’s Telemarketing Sales Rule, and Canada’s Anti-Spam Legislation (CASL), including any rules that relate to (i) 10-Digit Long Code (10DLC) registration, (ii) obtaining consent to be contacted (including opt-in/opt-out consent), (iii) permitted calling and messaging times, (iv) do-not-call lists, and (v) the required content of your communications;
  • Violate any applicable laws or regulations; or
  • Assist or permit any persons in engaging in any of the activities described above.

7. Ownership and Use of the Service

The Service is owned and operated by Alvys. Alvys and its licensors retain all right, title, and interest in and to the Service and all Alvys Property. All Alvys Property is owned or controlled by us or licensed to us and is protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. All trademarks, service marks, logos and trade names on the Service, whether registered or unregistered, including but not limited to “ALVYS,” are proprietary to Alvys or to other companies where so indicated. There are no implied licenses in these Terms, and Alvys reserves all rights to the Alvys Property not granted expressly in these Terms. Except as expressly provided in these Terms, no part of the Service and no Alvys Property may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service.

8. Changes to the Service

Alvys reserves the right to modify, update, or enhance the Services at any time, which may include adding, removing, or deprecating certain features or functionality, in its sole discretion. Alvys will use commercially reasonable efforts to provide notice to Customer of any change that results in a material reduction of the core functionality of the Services.

9. Trials and Early Access Services

Alvys may offer you access to features or services designated as “Trial,” “Preview,” “Beta,” or “Early Access” (collectively, “Trial Services”). Notwithstanding any other terms to the contrary in these Terms or any applicable MSA, your use of Trial Services is for your internal demonstration, test, or evaluation purposes only. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRIAL SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. ALVYS DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS, EXPRESS OR IMPLIED, FOR TRIAL SERVICES, AND ANY SERVICE LEVEL COMMITMENTS IN AN MSA SHALL NOT APPLY. Alvys may modify, suspend, or discontinue your access to any Trial Services at any time, for any reason, in our sole discretion, without prior notice or liability to you. Any data you enter into a Trial Service may be permanently lost upon suspension or termination of the trial.

10. Links to Other Websites

For your convenience, the Service may contain links to other websites. If you use these links, you will leave the Service. Certain of these linked websites may make use of Alvys’s intellectual property rights (such as copyrights, trademarks, service marks, logos and trade names) under license from Alvys. Alvys is not responsible for the availability or content of these other websites or for any viruses or other damaging elements encountered in linking to a third-party website, whether or not Alvys is affiliated with the owners of such websites. In addition, providing links to these websites should not be interpreted as endorsement or approval by Alvys of the organizations sponsoring such third-party websites or their products or services. Except for any Alvys property or content embedded in any third-party website, these Terms do not apply to any third-party website.

11. Third-Party Services

  1. General.  The Service may provide links or access to services, sites, and resources that are provided by third parties (the “Third-Party Services”). Your access and use of the Third-Party Services may be subject to additional terms and conditions or privacy policies of such third parties, and you are solely responsible for complying with those terms. We have no control over and are not responsible for such Third-Party Services, including for the accuracy, availability, or reliability of information shared by or available through them. We enable these Third-Party Services merely as a convenience, and their inclusion does not imply an endorsement or recommendation. Any dealings you have with third parties while using the Service are between you and the third party, and we will not be liable for any loss or damage arising from your use of or reliance on any Third-Party Services.
  2. Data from Third-Party Services.  Some Third-Party Services may provide us with access to certain information you have provided to them. We will use, store, and disclose such information in accordance with our Privacy Policy.
  3. Google Maps.  The Service may include maps and other features powered by Google Maps. Your use of Google Maps is subject to the then-current Google Maps/Google Earth Additional Terms of Service, available at https://maps.google.com/help/terms_maps.html, and the Google Privacy Policy, available at https://www.google.com/policies/privacy/.
  4. Chat Functionality.  If you communicate with us through any chat functionality on our website, you agree that our third-party service provider receives and processes your communications on our behalf.

12. Mobile Application Terms

  1. Distribution Channels. We make our mobile application (the "App") available through the Apple App Store, the Google Play Store, or other distribution channels (“Distribution Channels”). If you obtain our App through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. These Terms are between you and us only, and not with the Distribution Channel.
  2. Notice Regarding Apple. This subsection applies to the extent you are using our App on an iOS device. You acknowledge that these Terms are between you and Alvys only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service or the content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the App to you; to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Service and/or your possession and use of the Service infringe a third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Service. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
  3. Notice Regarding Google Play. The following applies to any App you download from the Google Play Store (“Google-Sourced Software”): (i) you acknowledge that these Terms are between you and Alvys only, and not with Google, Inc. (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Terms of Service; (iii) Google is only a provider of Google Play where you obtained the Google-Sourced Software; (iv) Alvys, and not Google, is solely responsible for its Google-Sourced Software; and (v) you acknowledge and agree that Google is a third-party beneficiary to these Terms as it relates to Alvys’s Google-Sourced Software.

13. Consent to Electronic Communications

  1. General Consent.  By using the Service, you consent to receive certain electronic communications from us as further described in our Privacy Policy. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
  2. Consent to Calls and Text Messages.  By providing us with your telephone number, you consent to receive calls and text (SMS) messages from Alvys and persons acting on our behalf. You understand and agree that these calls and text messages may be made using an autodialer or an artificial or prerecorded voice. These communications may include operational communications concerning your account and the Service, as well as marketing communications. Message frequency will vary based on your activity. For help, reply HELP to any text message you receive from us. Standard text messaging rates from your carrier will apply. Your agreement to receive marketing calls and texts is not a condition of any purchase or use of the Service. We will not share or sell your mobile phone number to third parties or affiliates for their marketing purposes.
  3. Push Notifications.  When you install our mobile application on your device, you agree to receive push notifications, which are messages an app sends to your device when the app is not active. You can turn off notifications by visiting your mobile device’s “settings” page.
  4. Opt-Out Procedures.  IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE EMAIL ITSELF. IF YOU WISH TO OPT OUT OF MARKETING-RELATED TEXT MESSAGES, YOU CAN TEXT THE WORD “STOP” TO THE NUMBER FROM WHICH YOU ARE RECEIVING THE MESSAGES. IF YOU WISH TO OPT OUT OF ALL OPERATIONAL AND MARKETING TEXT MESSAGES FROM ALVYS, YOU CAN EMAIL legal@alvys.com WITH YOUR REQUEST; HOWEVER, YOU ACKNOWLEDGE THAT OPTING OUT OF ALL OPERATIONAL MESSAGES MAY SEVERELY IMPACT YOUR USE OF THE SERVICE. You may continue to receive communications for a short period while we process your request, including a message confirming the receipt of your opt-out.

14. International Use and Export Compliance

The Service is controlled and operated by Alvys from its offices within the United States and is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Those who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Service and its underlying information and technology are subject to United States export controls and sanctions laws. No information or software from the Service may be downloaded or otherwise exported or re-exported (i) into or to anyone located in, domiciled in, a resident of, or controlled by the government of, a country or region that is subject to a comprehensive U.S. government embargo (currently, the Crimea, Donetsk, Kherson, Zaporizhzhia and Luhansk regions of Ukraine, Cuba, Iran, North Korea, and Syria); or (ii) to an entity listed on a U.S. Government restricted party list, including the Treasury Department’s List of Specially Designated Nationals and the Commerce Department’s List of Denied Persons or Entity List (a “Restricted Party List”).

By using the Service, you represent and warrant that neither you, nor your beneficial owners, nor your affiliates, nor any of your authorized users is: (a) resident, located, or organized in a sanctioned country or territory; (b) included on, or affiliated with any person on, a Restricted Party List; or (c) a person with whom business transactions are otherwise restricted by a U.S. Government entity. You shall abide by these Terms in compliance with all applicable export control laws and shall not engage in any activity that would cause Alvys to violate any such laws.

15. Site Security

You are prohibited from violating, or attempting to violate, the security of the Service, including without limitation to conduct a denial-of-service attack or other attack. Any such violations may result in criminal and/or civil penalties against you. Alvys will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations.

16. Suspension and Termination

  1. Termination by You.  You may terminate these Terms at any time by ceasing all use of the Service and deleting any mobile applications.
  2. Suspension and Termination by Alvys.  We may suspend or terminate your access to the Services at any time, without notice and in our sole discretion, for any reason, including but not limited to: (i) your breach of any provision of these Terms; (ii) our determination that your use of the Services poses a security risk to us or to another user; (iii) your use of the Services is abusive or disrupts or threatens the performance or availability of the Service; or (iv) we determine, in our sole discretion, that you may be using the Services for an illegal purpose or in a way that violates the law or infringes on the rights of any third party. If your account has been terminated for a breach of these Terms, you are prohibited from creating a new account on the Service.
  3. Effect of Termination.  Upon termination of these Terms: (i) your license rights will terminate and you must immediately cease all use of the Service; (ii) you will no longer be authorized to access your account or the Service; and (iii) any provisions of these Terms that by their nature should survive termination will survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
  4. Data Retention Upon Termination.  Following termination or deactivation of your account, or if your account remains inactive for an extended period, Alvys may, but is not obligated to, retain your account information or Customer Data. We reserve the right to delete your information and Customer Data in our possession in accordance with our data retention policies and applicable law.

17. Disclaimer

THE MATERIALS AND FUNCTIONALITIES AVAILABLE ON THE SERVICE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ALVYS DISCLAIMS, ON BEHALF OF ITSELF AND ITS AFFILIATES AND LICENSORS, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ALVYS DOES NOT WARRANT THAT THE FUNCTIONS ON THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALVYS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS OR FUNCTIONS ON THE SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, RESULTS TO BE ACHIEVED, OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU.

18. Limitation of Liability

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW: (A) UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ALVYS OR ITS AFFILIATES OR LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR OTHER INDIRECT DAMAGES, EVEN IF ALVYS OR A ALVYS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) THE AGGREGATE LIABILITY OF ALVYS AND ITS AFFILIATES OR LICENSORS TO YOU SHALL NOT EXCEED THE LESSER OF THE TOTAL AMOUNTS PAID BY YOU TO ALVYS OVER THE SIX (6) MONTHS PRECEDING YOUR CLAIM(S), OR $500. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. APPLICABLE LAW MAY NOT ALLOW SOME OR ALL OF THIS LIMITATION OF LIABILITY, SO IT MAY NOT APPLY TO YOU.

19. Indemnification

You will indemnify, defend, and hold harmless Alvys, its affiliates, and their respective directors, officers, employees, licensors, sub-contractors, representatives and agents (“Indemnified Parties”), from and against any all third-party claim, suit, action, or proceeding (“Third-Party Claims”), including but not limited to all damages, losses, liabilities, judgments, fines, costs and expenses (including attorneys’ fees) arising therefrom (“Losses”), based on, or arising out of: (a) your activities on or use of the Service; (b) your violation, or apparent violation, of any of these Terms; or (c) any allegation that any material you submitted to Alvys violates any law or infringes any third party right, including any intellectual property or privacy right. You shall not settle any Third-Party Claim unless such settlement completely and forever releases Alvys from all liability with respect to such Third-Party Claim or unless Alvys consents to such settlement in writing.

20. Dispute Resolution and Arbitration

  1. Informal Resolution. Before filing a claim against Alvys, you agree to first try to resolve the dispute informally by contacting legal@alvys.com. We will try to resolve the dispute by contacting you via email. If a dispute is not resolved within thirty (30) days of submission, you or Alvys may bring a formal proceeding.
  2. Generally. In the interest of resolving disputes between you and Alvys in the most expedient and cost-effective manner, and except as described in Section 20.3, you and Alvys agree that every dispute arising in connection with these Terms, the Service, or communications from us will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND ALVYS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
  3. Exceptions. Despite the provisions of Section 20.2, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law in aid of arbitration; or (iv) file suit in a court of law to address an intellectual property infringement claim.
  4. Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 20 within 30 days after the date that you agree to these Terms by sending written notice to Alvys, Inc., Attn: Legal Department, 201 Lomas Santa Fe Drive, Suite 460, Solana Beach, California, 92075, or by email to legal@alvys.com. Your notice must specify: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). If you opt out, the exclusive jurisdiction and venue described in Section 20.8 will govern any action arising out of these Terms.
  5. Arbitrator. Any arbitration between you and Alvys will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org.Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Alvys's address for Notice is: Alvys, Inc., Attn: Legal Department, 201 Lomas Santa Fe Drive, Suite 460, Solana Beach, California, 92075. The Notice of Arbitration must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Alvys may commence an arbitration proceeding.
  6. Fees. If you commence arbitration in accordance with these Terms, Alvys will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in San Diego County, California. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose, then the payment of all fees will be governed by the AAA Rules, and you agree to reimburse Alvys for all monies previously disbursed by it that are otherwise your obligation to pay.
  7. No Class Actions. YOU AND ALVYS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Alvys agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
  8. Governing Law. These Terms and any dispute that arises between you and Alvys will be governed by the laws of the State of California without regard to conflict of law principles. Subject to the arbitration provisions above, you and Alvys submit to the personal and exclusive jurisdiction of the state and federal courts located within San Diego County, California for resolution of any lawsuit or court proceeding permitted under these Terms.

21. Privacy

Please refer to the Alvys Privacy Policy, available at https://alvys.com/privacy, for information on how we collect, use, and disclose information that pertains to your privacy. By using the Service, you acknowledge that you have read the Privacy Policy and agree to be bound by its terms, which are incorporated by reference into these Terms. Please be advised the Services are hosted in the United States.

22. Legal Notices

  1. Form and Delivery.  All notices, requests, demands, consents, and other communications required or permitted under these Terms (“Legal Notices'') must be in writing and delivered by one of the following methods: (a) by personal delivery; (b) by registered or certified mail, return receipt requested, postage prepaid; (c) by nationally recognized overnight courier, with all fees prepaid; or (d) by email, with confirmation of receipt.
  2. Addresses for Legal Notices. Legal Notices to either party should be sent to the addresses set forth below, or to such other address as either party may specify in writing according to this Legal Notice provision:
    • To Alvys:   201 Lomas Santa Fe Drive, Suite 460, Solana Beach, California, 92075 Email: legal@alvys.com
    • To You:  At the address set out in an Order Form or the address listed in your Alvys Account and to your email held by Alvys
  3. Effective Date of Legal Notices. Legal Notices delivered personally will be deemed communicated as of the actual receipt; mailed notices will be deemed communicated as of three (3) business days after mailing; notices sent by overnight courier shall be deemed communicated as of one (1) business day after the date of delivery to the courier service; and notices by email shall be effective on the date the email is sent, provided that the sender does not receive a notification indicating that the email was undeliverable.
  4. Confirmation of Electronic Notices. For Legal Notices sent by email, the sender must include a subject line that clearly indicates that the email contains a notice pursuant to this Agreement.
  5. Exclusion of Financial and Accounts Receivable Notices. This Legal Notice provision applies exclusively to Legal Notices as defined above. All other notices, including those related to financial matters, billing, accounts receivable, and other non-legal communications, shall be governed by the specific terms regarding communication and notice as set forth elsewhere in these Terms or in other relevant agreements between the parties. For the avoidance of doubt, such notices do not require the formalities of Legal Notices and may be sent and received through the methods agreed upon in the applicable sections of these Terms or other relevant agreements or as determined by Alvys from time to time.

23. General Provisions

  1. Subcontractors.  Alvys may utilize one or more subcontractors or other third parties to perform its duties under this Agreement, provided that Alvys remains responsible for all of its obligations under this Agreement, including the compliance of its subcontractors with such obligations.
  2. Entire Agreement. These Terms, along with our Privacy Policy, constitute the entire understanding between you and Alvys regarding your use of the Service, unless you have a separate MSA.
  3. Assignment. You may not assign these Terms without our prior written consent. Alvys may assign these Terms at any time without notice to you.
  4. Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
  5. No Waiver. Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.


24. How to Contact Us

If you have any questions regarding the Services or these Terms, you may contact us at info@alvys.com.

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