By usingthis service, you are expressing your agreement with the following terms and conditions.
Alaya Foundation (“AF”) is Foundation incorporated under the laws of Portugal and filed with the corporations and foundations register, with the Portuguese tax number 514 934 409.
These conditions apply between you and AF and rule all forms and aspects of access or use of the website.
Please read these conditions carefully before you begin using the site.
By using the site, you express that you accept these conditions in full and agree to comply with them entirely.
If you do not agree with these conditions, please refrain from accessing or using AF’s site and exit without delay.
Subject to these conditions, AF grants you a personal, non‑exclusive, non‑transferable, limited, and revocable authorization to access the site for your personal use.
Electronic Communications
By using this site, you consent to receiving electronic communications from AF, including by email.
These electronic communications may include notices about, and other communications relating to the site and AF’s activities or programs.
These electronic communications are an integral part of your relationship with AF.
You agree that any notices, agreements, disclosures, or other communications that AF sends you electronically meet any legal requirement, including the requirement that they be in written form.
Privacy
AF processes personal data in accordance with the General Data Protection Regulation (GDPR) and applicable national legislation.
Your privacy is extremely important to AF. For additional information, consult the Privacy Policy, which includes:
- Purposes of processing;
- Data subject rights;
- Contact details of the data controller;
- Applicable legal bases.
Intellectual Property
AF is the sole and exclusive owner or legitimate holder of all intellectual property rights of this site and the material published on it.
These works are protected by copyright laws and treaties, which are expressly reserved.
You may print one copy from the site for your personal and non‑commercial use.
You may download parts of any page of this site for your personal reference.
You agree and accept that the material on the site may not, in any way or by any means, be copied, reproduced, distributed, or modified without AF’s prior written authorization.
Additionally, you agree and accept not to remove or modify author references, trademarks, or any ownership notices.
User Responsibilities
Some services available on the site are only accessible to registered users.
You must detect and control access to your account by unauthorized third parties.
You are solely responsible for any damages resulting from failing to keep your access fully confidential.
AF is not responsible for any damage related to the use of this site, including theft, robbery, or misuse of access credentials, disclosure of access credentials, or your decision (in breach of these conditions) to allow unauthorized third‑party access to this site through your credentials.
Use of Site Information
Any user of the site accepts exclusive responsibility for all activities carried out through the use of the site and for the full content of their choices, statements, and information provided.
The following activities are strictly prohibited:
- Harassing, abusing, stalking, threatening, defaming, or violating the rights of any other party (including publicity rights or other property rights);
- Illegal, fraudulent, or deceptive activities;
- Using technology or other means to access AF’s content or systems in an unauthorized manner;
- Attempting to introduce viruses or any other code, file, or program that interrupts, destroys, or limits the functionality of any software, hardware, or telecommunications equipment;
- Attemptingto gain unauthorized access to AF’s network or user accounts;
- Encouraging conduct that constitutes a criminal offense or may generate civil liability;
- Attemptingto damage, disable, overload, or impair AF’s servers or networks;
- Failing to comply with or enforce conditions applicable to third parties;
- Any behavior that enables any of the results or misconduct described above.
AF is not responsible for any loss or damage caused by any of these activities.
Warranty Disclaimer
This site, including all its content, information, material, links, and other elements, is provided “as it is,” “as available,” and without any warranty, express or implied, including non‑infringement of third‑party rights, title, merchantability, or fitness for a particular purpose.
AF does not guarantee the accuracy, precision, completeness, or suitability of the site and expressly states that it is not responsible for any errors or omissions.
You acknowledge and agree that you use this site at your own risk and that AF cannot and does not guarantee that your access will be uninterrupted, timely, secure, or error‑free, or that the site will be free of viruses or other harmful components, or that the use of the site will meet your expectations.
AF does not guarantee any results from using this site or that the information provided is accurate or reliable.
No advice or information, oral or written, obtained through this site or from AF or any partner, creates or constitutes any warranty.
AF does not guarantee, in any way, express or implied, the security of this site, including the ability of unauthorized third parties to intercept or access information transmitted through the site.
You acknowledge and accept that you are solely responsible for keeping your equipment secure.
You also acknowledge and accept that you are solely responsible for keeping your access credentials confidential.
AF is not responsible for any damages resulting from the loss, theft, or robbery of your equipment or the loss, theft, or robbery of your information transmitted or stored on your equipment.
You are required to report any unauthorized use of your account to AF, as stated in the section “Contact AF.”
Limitation of Liability
AF is not responsible for any damages resulting from the use of the site by any user or third party, or from third‑party sites linked to this site, or from any performance or system failure, including loss of income, lost profits, loss of data, or any other damage of any nature.
System Interruptions, Slowness, and Capacity Limitations
At times, you may have difficulty accessing the site or communicating with AF, including via the Internet or other services, due to high Internet traffic, transmission problems, system capacity limitations, or other issues.
Any computer or electronic device (yours, AF’s, or an internet service provider’s) may experience unexpected interruptions, slowdowns, or capacity limitations.
AF does notguarantee continuous availability.
Links
This site contains links to third‑party websites.
AF has no control over such sites or resources and assumes no responsibility for them, their content, policies, or practices.
The existence of links does not imply any relationship between AF and the owner or manager of the linked webpage.
AF is not responsible for the legality, reliability, or quality of any content available on such sites, nor for compliance with applicable legal rules regarding the content available there.
Use of these links is entirely at the user’s responsibility.
Termination
AF reserves the right, at its sole discretion and without prior notice, to terminate your license/authorization, your user account, or any products or services provided to you, and to take legal action regarding content or use of the site that AF reasonably considers to be in violation of these conditions, additional conditions, or other AF policies.
Failure or delay by AF in taking such legal action does not constitute a waiver of its right to enforce these conditions.
AF also reserves the right to remove any user content at any time, at its sole discretion and without prior notice.
If AF decides to terminate your account, you must immediately stop using the site and agree not to attempt to regain access without AF’s express authorization.
Termination results in suspension or deletion of your account and access to it.
In the event of termination, the provisions of this document remain fully in force, and AF reserves the right to retain any information you have provided or posted on the site.
AF is not responsible to you or any third party for any effects that changes in access may have had on you,.
Severability
If any clause of these conditions is deemed illegal or unenforceable for any reason, that clause will be considered separately from the remaining clauses, whose validity will not be affected.
Changes
AF reserves the right to modify these conditions at any time and without prior notice.
AF also reserves the right to modify the site temporarily or permanently for any reason, at its sole discretion and without prior notice.
Any changes to these conditions will be published on the site and become effective immediately upon publication.
It is your responsibility to check for updates regularly.
Continued use of the site signifies acceptance of the new conditions.
Force Majeure
AF is not responsible for any delay, failure, or interruption in service resulting directly or indirectly from causes beyond AF’s reasonable control, such asnatural disasters, acts of civil or military authorities, terrorism, public disorder, war, strikes or labor disputes, fires, telecommunications or internet service interruptions, equipment/software failure, or other events beyond AF’s reasonable control. Such events do not affect the validity or enforceability of the remaining clauses.
Assignment
You accept that AF may assign its rights and/or transfer, subcontract, or delegate any of its obligations under these conditions.
Your acceptance of these conditions is personal and cannot be transferred or assigned to any third party.
Entire Agreement
This agreement includes the entirety of the understanding between the parties and prevails over all prior discussions or communications (including any previous version of the agreement).
Except where otherwise stated above, any amendment must be in writing and signed by both parties.
Each provision of these conditions is an essential element for AF’s willingness to contract, which is acknowledged and accepted by all parties.
Applicable Law and Jurisdiction
These conditions are governed by Portuguese law.
Without prejudice to rights granted to AF as a consumer or recipient, any dispute arising from the interpretation or execution of this agreement, including non‑contractual obligations related to it, will be resolved before the materially competent court of Porto.
Failure or delay by AF in exercising any right under these conditions does not constitute a waiver, nor does partial exercise preclude full exercise of remaining rights.
Contact AF
If you wish to raise any question about these conditions, please contact AF: dpo@alayafoundation.org.