Terms of Service
These Terms of Service (the “Terms”) govern your access to and use of the website at algoland.us (the “Site”) and the Algoland Compressor MaxSpeed software and related services (together, the “Service”), provided by Algoland LLC. Please read them carefully. By accessing the Site or using the Service, you agree to be bound by these Terms.
01Agreement to the Terms
By accessing or using the Service, or by clicking to accept these Terms where that option is presented, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity, in which case “you” and “your” refer to that entity. If you do not agree to these Terms, you must not access or use the Service.
02Definitions
“Algoland”, “we”, “us”, “our” means Algoland LLC, a limited liability company organized under the laws of the State of Delaware, United States. “Software” means Algoland Compressor MaxSpeed, including its native libraries, binaries, command-line tools, APIs, updates and accompanying documentation. “Customer Data” means any data that you process using the Software. “Order” means an order form, statement of work, pilot agreement or written proposal referencing these Terms. Where an Order and these Terms conflict, the Order controls for the transaction it describes.
03The Service
The Site provides information about Algoland and its products and a means to request a trial or pilot. The Software is transparent middleware that increases the useful storage density of data through lossless, deterministic compression, verified by cryptographic hash (SHA-256). The Software is distributed as a native, C-ABI library that runs entirely within your own infrastructure. Except as expressly stated in an Order, Algoland does not host, receive or process your Customer Data.
We may modify, suspend or discontinue any part of the Service at any time. We will use commercially reasonable efforts to give notice of material changes that adversely affect a paid Service.
04Eligibility and authority
The Service is intended for businesses and IT professionals and is not directed to consumers or to children. You may use the Service only if you can form a binding contract with Algoland and are not barred from doing so under any applicable law. You are responsible for ensuring that your use of the Service complies with all laws, regulations and third-party rights applicable to you.
05Trials, pilots and evaluations
We may make the Software available on a trial, pilot or evaluation basis. Any such access is provided as is and as available, solely for your internal evaluation, for the period stated by us, and may be modified or revoked at any time. Metrics, ledgers and results generated during a pilot are provided for evaluation and do not constitute a warranty of future performance. Unless a separate written agreement states otherwise, sections 6–8 and 10–18 apply in full to trials and pilots.
06License and restrictions
Subject to these Terms and to your payment of any applicable fees, Algoland grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Software within your own infrastructure for your internal business purposes, in accordance with the applicable Order and documentation.
You must not, and must not permit any third party to: (a) copy, modify, translate or create derivative works of the Software except as expressly permitted; (b) reverse engineer, decompile or disassemble the Software, or otherwise attempt to derive its source code, algorithms or underlying structure, except to the extent this restriction is prohibited by applicable law; (c) rent, lease, lend, sell, sublicense, distribute or provide the Software to third parties, or use it to operate a service bureau or on a timesharing basis; (d) remove or alter any proprietary notices; (e) circumvent or disable any license, security or usage-metering mechanism; or (f) use the Software to build a competing product.
07Intellectual property
The Software and the Site, and all intellectual property rights in them — including all compression algorithms, methods, source code, designs, trademarks and documentation — are and remain the exclusive property of Algoland and its licensors. Except for the limited license expressly granted above, no rights are granted to you by implication, estoppel or otherwise. “Algoland” and “Algoland Compressor MaxSpeed” are trademarks of Algoland LLC. If you provide feedback or suggestions, you grant Algoland a perpetual, irrevocable, royalty-free license to use them without restriction or obligation to you.
08Customer data and confidentiality
As between the parties, you retain all right, title and interest in your Customer Data. Because the Software runs locally, your Customer Data is processed within your own environment and is not transmitted to Algoland in the ordinary course of use. You are solely responsible for your Customer Data, for maintaining appropriate backups, and for the legality of the data you process.
Each party may receive information of the other that is confidential (“Confidential Information”), including the Software, non-public benchmarks, pricing and pilot results. The receiving party will protect the other’s Confidential Information with at least reasonable care, use it only to perform under these Terms, and not disclose it except to personnel with a need to know who are bound by confidentiality obligations. These obligations do not apply to information that is or becomes public through no fault of the receiving party, is independently developed, or is required to be disclosed by law (with prompt notice where lawful).
09Fees and payment
Fees for the Service are set out in the applicable Order. Where an Order provides for value-share pricing, fees are calculated as a share of the measured, verified savings the Software delivers, as recorded by the signed audit ledger described in the Order; where there is no measured saving, no such fee accrues. Unless stated otherwise, fees are exclusive of taxes, which you are responsible for paying. Undisputed invoices are payable within thirty (30) days. Late amounts may accrue interest at the lower of 1.5% per month or the maximum permitted by law.
10Acceptable use
You must not use the Service to: violate any law or third-party right; infringe intellectual property; transmit malware; attempt to gain unauthorized access to any system or data; interfere with the integrity or performance of the Service; or process data for which you lack the necessary rights or consents. We may investigate suspected violations and suspend access where reasonably necessary to protect the Service or third parties.
11Third-party services
The Site relies on third-party infrastructure providers (for example, for hosting and email). The Service may interoperate with your own storage systems and third-party components. Algoland is not responsible for third-party products or services, which are governed by their own terms. Your use of such components is at your own risk.
12Warranties and disclaimers
Except as expressly stated in a signed Order, the Service and the Software are provided “as is” and “as available”, without warranties of any kind, whether express, implied or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Algoland does not warrant that the Service will be uninterrupted, error-free or secure, or that it will meet your requirements. You are responsible for validating outputs and for maintaining independent backups before relying on any transformation of your data.
13Limitation of liability
To the maximum extent permitted by law, in no event will Algoland be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data, goodwill or business, arising out of or relating to the Service, however caused and under any theory of liability, even if advised of the possibility of such damages.
Algoland’s total aggregate liability arising out of or relating to these Terms will not exceed the amounts actually paid by you to Algoland for the Service in the twelve (12) months preceding the event giving rise to the claim, or, where no fees were paid, one hundred U.S. dollars (USD 100). The parties acknowledge that these limitations are an essential basis of the bargain. Some jurisdictions do not allow certain exclusions or limitations, so some of the above may not apply to you.
14Indemnification
You will defend, indemnify and hold harmless Algoland and its members, officers and employees from and against any third-party claims, damages, liabilities, costs and expenses (including reasonable legal fees) arising out of or related to your Customer Data, your use of the Service in breach of these Terms, or your violation of any law or third-party right.
15Term and termination
These Terms apply while you access or use the Service and, for paid Service, for the term stated in the applicable Order. Either party may terminate for material breach that remains uncured thirty (30) days after written notice. Upon termination, your license ends and you must cease using and delete all copies of the Software. Sections that by their nature should survive — including 7, 8, 9 (for accrued amounts), 12, 13, 14, 16 and 18 — survive termination.
16Governing law and disputes
These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws rules and excluding the U.N. Convention on Contracts for the International Sale of Goods. Subject to any applicable mandatory law, the state and federal courts located in Delaware will have exclusive jurisdiction over any dispute arising out of or relating to these Terms, and the parties consent to that jurisdiction and venue. Each party waives any right to a jury trial to the extent permitted by law.
17Changes
We may update these Terms from time to time. When we make material changes, we will update the “Last updated” date above and, where appropriate, provide additional notice. Changes take effect when posted. Your continued use of the Service after the changes become effective constitutes acceptance of the revised Terms.
18General provisions
These Terms, together with any applicable Order and the Privacy Policy, are the entire agreement between you and Algoland regarding the Service and supersede all prior agreements on that subject. If any provision is held unenforceable, it will be limited or severed to the minimum extent necessary and the remaining provisions will remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our prior written consent; we may assign them in connection with a merger, acquisition or sale of assets. Neither party is liable for delays or failures caused by events beyond its reasonable control. Nothing in these Terms creates a partnership, agency or employment relationship.
19Contact
Questions about these Terms may be sent to info@algoland.us, or by mail to:
Algoland LLC2810 N Church St, Ste 89738
Wilmington, DE 19802 · USA