Terms of service

These Terms of Use (hereinafter – “Terms”) are provided to visitors, customers and users (hereinafter – “Customers” or “You”) of online platform Abalmon and derived websites or applications located at: https://abalmon.com and derived subdomains (the “Website(s)” or “Platform(s)”), owned and administrated all over the world by ABALMON INCORPORATED, a Delaware Corporation (collectively – “Abalmon” or “We”, “Company”, “us”, “our”). These Terms describe the conditions of using Services and Platform by Customers and based on the general custom, Internet ethic, common practice and Company’s policies.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE PLATFORM AND SERVICES ON IT. BY ACCESSING PLATFORM AND/OR CREATING AN ACCOUNT AND/OR USING SERVICES ON IT YOU WILL EXPRESS YOUR UNCONDITIONAL CONSENT WITH THESE TERMS AND AGREE TO ABIDE BY THESE TERMS IN THE LATEST VERSION.

Please note, that You may not access or use the Platform and/or the Services, if You don’t agree with (or cannot comply with) these Terms.

1.Scope

1.1. Use of Website, Services and access to the Platform content are subject to the present Terms, Privacy Policy of the Platform use (located at https://abalmon.com/privacy) as well as to applicable laws. Terms and definitions used in Privacy Policy of the Platform shall be used in the same meaning herein.

1.2. These Terms apply to the use of entire Platform and all portions (including but not limited to the sectors, pages, Accounts, Profiles) of the Platform contained therein (excluding links to other web-sites). The Terms shall apply to any future portions of the Platform (excluding links to other web-sites) unless otherwise stated herein.

1.3. You will be fully responsible for any activities, accomplished in or under your account created in the Platform.

2. Requirements for use of the Services

2.1. Except as otherwise set forth herein, if You are an individual acting in your personal capacity, You may use the Services for personal or professoinal, commercial or non-commercial use on any computer or device that You own or control.

2.2. Only persons of the age of 18 years or older can create Accounts on the Website. Accounts for persons under 18 years old can be created by a parent or legal guardian. Children under the age of majority should review these Terms with their parent or guardian to ensure that the child and the parent or legal guardian understand it. We do not knowingly collect, use or disclose personal information from children under 18, or equivalent minimum age in the relevant jurisdiction, without verifiable parental consent.

2.3. Please note that use of the Services requires compatible devices, Internet access, supported web browsers compatible with your operating system; and may be affected by the performance of these factors. High-speed Internet access is strongly recommended for regular use and is required in some cases.

3. Important safety information

3.1. To avoid muscle, joint, or eye strain during Website use or access, You should always take frequent breaks from using Website, as well as take a longer rest if You experience any soreness, fatigue, or discomfort. A very small percentage of people may experience seizures or blackouts when exposed to flashing lights or patterns, including while watching interactive materials. Symptoms may include dizziness, nausea, involuntary movements, loss of awareness, altered vision, tingling, numbness, or other discomforts. Consult a doctor before watching interactive materials if You have ever suffered these or similar symptoms, and stop watching it immediately and see a doctor if they occur during use of the Services. Parents should monitor their children’s watching interactive materials for signs of symptoms.

3.2. The abovementioned provisions are aimed to warn You about potential health detriment and recommend You avoidance of such detriment. Those provisions are in no case to set any requirements or obligatory provisions for the use of Platform and Services. So that Abalmon is of no responsibility for your following or non-following of our recommendations, set in this Section 3.

4. Company's Responsibility

4.1. Company provides continuous work, backup and protection of the Platform from viruses and problems with computer equipment, technical support and absence of unauthorized access, as far as technically possible.

4.2. Platform is working around the clock and without considerable interruptions provided however that if necessary the access can be closed due to the maintenance services.

4.3. Company makes all reasonable efforts to prevent unauthorized tampering with Platform, but the Company does not guarantee that its efforts will always be successful. Therefore, Company does not warranty that Platform materials will be error-free, and disclaims any liability for such errors. Thereto, Company does not guarantee access to Platform, if You have the wrong equipment, inadequate access to the Internet or the access to the Platform address is denied in your territory irrespective to the reasons therefor.

4.4. Company takes reasonable care and skill to provide information and materials which are accurate and up to date when first included on the Website, typographical and other errors may nevertheless occur. However, in the case You have noticed any error, please, notify the Company for it to try to take it into consideration as well as any of your recommendations or remarks. Although the Company does not undertake to update or correct any information or characteristics of Platform or the Services. Company reserves the right to modify, delete and rearrange any or all of the contents and measures of the Platform and/or the Service at any time without any notice to you.

4.5. Company is not responsible for any activity or content (including content of Account or chats / comments) of You or other Customers. Neither We bear any responsibility for your observance of any third person’s rights and interest nor for observance of your rights and interests by the third persons.

5. Your Responsibility

5.1. You are responsible for maintaining the confidentiality of your authorization details / Registration Data, including but not limited to e-mail and passwords. Furthermore, You ensure that your usage of the Registration Data complies with these Terms explicitly set and You do not use the Registration Data, You are not allowed to. You acknowledge that the Platform keeps a lot of confidential information. Therefore, in the case of unauthorized access to other people’s data, You accidentally got, You shall report it to the Company immediately and stop the access without any interfering with such data.

5.2. You are fully responsible for all the activities that occur under your Account. You agree to immediately notify the Company of any unauthorized use of your password or email or any other breach of security.

5.3. You may not use Platform and/or the Services in any manner that could damage, disable, overburden, or impair Platform and/or the Services, or the network(s) connected to it, or interfere with any other party's use and enjoyment of Platform.

5.4. You acknowledge and agree that Company is not liable for any loss or damage which may be incurred by You as a result of any your or their use of the Platform and/or the Service.

6. Use of Services

6.1. You agree that Services include security technology that may limit your use of Services and that, whether or not Services are limited by security technology, You shall use same in compliance with these Terms, Privacy Policy and other applicable usage rules established by the Company, and that any other use of the Products may constitute a copyright infringement. Any security technology is an inseparable part of Services. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to these Terms for any reason – or to attempt or assist another person to do so.

6.2. While working with the Services and/or the Platform You cannot use spyware, malware, etc. software.

6.3. These Terms as well as its accomplishment may be controlled and monitored by Company as well as Company may track any Customer’s use of Platform for compliance purposes, and the Company reserves the right to enforce the Terms without notice to You.

6.4. You shall not access or attempt to access an Account on the Platform that You are not authorized to access. You agree neither to modify any software included in or related to the Platform or Services in any manner or form, nor use modified versions of the software, for any purposes including obtaining unauthorized access to the Platform and/or the Services. Violations of system or network security of the Platform or Services may result in civil or criminal liability.

6.5. The provision of Services does not transfer to You any promotional use rights to the Services or Platform or to any other objects of intellectual property unless it is strictly provided herein.

7. Submission of Services

7.1. The Services may offer interactive features that Allow you to submit materials (including links to third-party content or areas of the Platform) accessible and viewable by other Customers of the Services and the public.

7.2. You agree that any use by You of such features, including any materials submitted by you, shall be your sole responsibility, shall not promote pornography, drugs and weapons traffic, juvenile labor, religious intolerance, violence, fascism, racism or other ideologies or movements which suppress human rights and freedom in any form, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste. You also agree that You have obtained all necessary rights and licenses. You agree to provide accurate and complete information in connection with your submission of any materials on the Services.

7.3. You hereby grant the Company a worldwide, royalty-free, nonexclusive license to use such materials as part of the Services or in relation to the Products, without any compensation or obligation to You. The Company reserves the right to not post or publish any materials, and to remove or edit any material, at any time in its sole discretion without notice or liability.

7.4. Company has the right, but not the obligation, to monitor any materials submitted by You or otherwise available on the Website, track any Customer use of Services and Platform, investigate any reported or apparent violation of these Terms, and take any action that Company in its sole discretion deems appropriate, including, without limitation, suspension or termination of your Services use or Website / Account / access by You or other Customers under these Terms, Privacy Policy and other applicable usage rules established by the Company.

8. Your account. Registration.

8.1. You will not be able to access certain parts and features of Platform or use Services unless you have become a registered Platform user. In order to become a registered user of Platform and Services, You have establish an account in the manner required ("Account"), access to which you obtain solely. Registration is free of charge.

8.2. The subsequent access to the Platform shall be provided by using the information first inserted as provided for in the Privacy Policy of the Platform (the “Registration Data”).

8.3. You may also be able to register an Account via social networks.

8.4. You agree to provide accurate and complete Registration Data, and You agree to update your Registration Data to keep it accurate and complete. Incomplete, ineligible or incomprehensible Account registrations will be deemed invalid.

8.5. Don’t reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account, and for all activities that occur on or through your Account, and You agree to immediately notify the Company of any security breach of your Account. Company shall not be responsible for any losses arising out of the unauthorized use of your Account.

8.6. You agree that Company may store and use the Registration Data You provide for use in maintaining and billing fees to your Account. Besides, the Registration Data may be used to identify you and communicate with You, including sending messages of any lawful nature and content, which you can reject at any time.

8.7. The Company offers a freemium usage of the Platform and the Services.

9. Pricing and the Payments

9.1. You acknowledge and agree that Company reserves the right to charge for Services and to change its fees from time to time at its sole discretion.

9.2. Company accepts payment though third parties – payment agents / systems / aggregators (jointly “Payment Agents”). The Payment Agents’ functionality processes various payment methods. All sensitive payment card and other payment method information is encrypted within system of appropriate Payment Agent You use to exercise payment in Company’s favor. Transactions usually take a few seconds to be processed. However, the security of any payments transmitted and processed via the Internet cannot be guaranteed. Any losses incurred or sustained by You as a result of transmitting information by means of email or other internet link will be borne solely and exclusively by You. Any issues related to the processing of your payments via Payment Agents are subjects to your interrelations with Payment Agents, and Company bears no responsibility concerning those issues.

9.3. The price for the Services use is determined by Company and may be changed from time to time with or without you prior notification.

9.4. Every effort is made to ensure that all prices are correct at time of display online. In the unlikely event of an administrative error resulting in an incorrect price being displayed on the Platform, Company reserves the right to correct the price.

9.5. Services Subscriptions. Any of the Services Subscriptions accommodates Abalmon users wishing to access premium services, dedicated support, custom solutions and special applications. Once a Premium subscriber, You will be automatically charged for a Services Subscription on a monthly, quarterly or annual basis (at your choice) unless you cancel your Premium Subscription before the next automatic charge of funds by selecting that option in "https://abalmon.com/profile".

If you purchase a Services Subscription, you agree to pay us the applicable fees and taxes (if any) specific to the chosen Services Subscription. Failure to pay these fees will result in the termination of your Services Subscription. Also, you agree that:

- Your purchase may be subject to foreign exchange fees or differences in prices based on geographic location (e.g. exchange rates).
- We may store and continue billing your payment method (e.g. credit card) even if that payment method has expired, to avoid interruptions in your Services Subscription and to use that payment method to pay for other Services you may purchase.
- If you purchase a Premium Subscription, your payment method will automatically be charged at the start of each subscription period for the fees and taxes applicable to that period.
-We may calculate taxes payable by you based on the billing information that you provide to us at the time of your purchase.
- Pricing may vary depending upon your geographic location.
- If you do not want your subscription to be renewed, you may cancel it before the next automatic charge of funds for a Services Subscription by selecting that option in "https://abalmon.com/profile".

10. Confidentiality

10.1. The Company takes commercially reasonable precautions to keep all information obtained from our online visitors secure against unauthorized access and use. Besides, the Company periodically reviews the security measures. Although there is no way that any Platform can absolutely guarantee the security of your information.

10.2. Obtain and use of your personal information is governed by separate document - Privacy Policy. You can read our Privacy Policy, which is linked to these Terms by reference https://abalmon.com/privacy.

10.3. You consent to automatic collecting of information related to your location. All other information, kept and used by the Company, is provided by you or may be gathered in the public domain.

11. Third-party materials

11.1. Certain content and Services available via the Platform may include materials from third parties. Company may provide links to third-party web-sites as a convenience to You. You agree that Company is not responsible for examining or evaluating the content or accuracy and Company does not warrant and will not have any liability or responsibility for any third-party materials or web-sites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate rights of any other party or any applicable jurisdiction and that Company is not in any way responsible for any such use by You or by any third party.

12. Objectionable material

12.1. You understand that by using the Services, You may encounter material that you may deem to be offensive, indecent, or objectionable, and that such content may or may not be identified as having explicit material. Nevertheless, you agree to use the Services at your sole risk and the Company shall have no liability to You for any material that may be found to be offensive, indecent, or objectionable.

13. Intellectual property

13.1. You agree that Services, including but not limited to the algorithms, graphics, user interface, audio clips, editorial content, and the scripts and software used to implement the Services, contain proprietary information and material that is owned by Company and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that You will not use such proprietary information or materials in any way whatsoever except for use of the Services in compliance with these Terms. No portion of the Services or Platform may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on Services or Platform in any manner, and You shall not exploit Services or Platform in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.

13.2. Notwithstanding any other provision of these Terms, Company reserves the right to change, suspend, remove, or disable access to any areas of the Platform, content, or other materials comprising a part of the Services at any time without notice. In no event Company will be liable for making these changes. Company may also impose limits on the use of or access to certain features or portions of the Services, in any case and without notice or liability.

13.3. All copyrights in and to the Services or Platform (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and related software are owned by the Company or its licensors. The use of any part of the Services and related software, except for use of Services as permitted in these Terms, is strictly prohibited and infringes on the intellectual property rights of others and may subject You to civil and criminal penalties, including possible monetary damages, for copyright infringement.

13.4. Abalmon, Abalmon.com, appropriate logos, and other Company trademarks, service marks, graphics, and logos used in connection with the Services or Platform are trademarks or registered trademarks of the Company. Other trademarks, service marks, graphics, and logos used in connection with the Services or Platform may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.

14. Disclaimer of warranties; liability limitations

14.1. Company does not guarantee, represent, or warrant that your use of the Services will be uninterrupted or error-free, and you agree that from time to time the Company may remove the Services for indefinite periods of time, or cancel the Services at any time, without notice to you.

14.2. You expressly agree that your use of, or inability to use, the Services is at your sole risk. The Services and all Products delivered to you through the Services are (except as expressly stated by the Company) provided "as is" and "as available" for your use, without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

14.3. In no case shall the Company, its directors, officers, employees, affiliates, agents, contractors, principals, or licensors, if any, be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of any of Services or Platform or for any other claim related in any way to your use of the Services or Platform, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Services, even if advised of their possibility.

14.4. Some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions Company's liability shall be limited to the minimum extent permitted by law and in case no minimum extent is strictly prescribed – to one (1) US Dollar.

14.5. Company shall use reasonable efforts to protect information submitted by You in connection with the Services, but You agree that your submission of such information is at your sole risk, and the Company hereby disclaims any and all liability to You for any loss or liability relating to such information in any way.

14.6. Company does not represent or guarantee that Services or any web-resource, where Platform is placed or may be accessed from will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and Company disclaims any liability relating thereto.

15. Waiver and indemnity

15.1. By using the Services, you agree, to the extent permitted by law, to indemnify and hold the Company, its directors, officers, employees, affiliates, agents, contractors, principals, and licensors if any harmless with respect to any claims arising out of your breach of these Terms, your use of the Services, or any action taken by the Company as part of its investigation of a suspected violation of these Terms, or as a result of its finding or decision that a violation of these Terms has occurred. This means that you cannot sue or recover any damages from the Company, its directors, officers, employees, affiliates, agents, contractors, principals, and licensors as a result of its decision to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to the Services, or to take any other action during the investigation of a suspected violation or as a result of Company’s conclusion that a violation of these Terms has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by these Terms.

16. Changes

16.1. The Company reserves the right to modify these Terms and to impose new or additional terms or conditions on your use of Services or Platform at any time. Such modifications and additional terms and conditions will be effective immediately and incorporated into these Terms. From time to time We may ask You to renew Your strict approval of these Terms in order to further use services or Platform.

16.2. Any updated version of the Terms, posted on the Platform shall be legally binding for You at the moment of your use of the Platform. You agree that updating the Terms on the Platform without separate notice to You is sufficient, and therefore Company is not obliged to notify You directly of any changes of the Terms.

16.3. Please check the Terms periodically for changes at https://abalmon.com/terms. Your continued use of the Platform and/or the Services, following the posting of any changes to these Terms, constitutes acceptance thereof.

17. Termination

17.1. If you fail, or the Company suspects that you have failed, to comply with any of the provisions of these Terms, Company, at its sole discretion, without notice to You may: (i) terminate Services use and / or Platform access for You, and You will remain liable for all amounts due under your Account up to and including the date of termination; and/or(ii) preclude access to the Services (or any part thereof).

17.2. The Company reserves the right to modify, suspend, or discontinue the Services (or any part or content thereof) at its sole discretions at any time with or without notice to you, and the Company will not be liable to you or to any third party should it exercise such rights.

17.3. The Company shall have the right to require You to refrain from any actions or to stop any activity, which can be construed as unlawful or prohibited by these Terms or applicable legislation in force and You shall follow the requirement.

18. Miscellaneous

18.1. These Terms constitute the entire agreement between You and the Company and governs your use of the Services.

18.2. You also may be subject to additional terms and conditions that may apply when you use certain third-party content, or third-party software.

18.3. If any part of these Terms Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

18.4. Company’s failure to enforce any right or provisions in these Terms will not constitute a waiver of such or any other provision.

18.5. The Company will not be responsible for failures to fulfill any obligations due to causes beyond its control.

18.6. The Services are operated by Company from its offices in Barcelona. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of Services. All transactions on Services are governed by the legislation of the State of Delaware, USA, without giving effect to its conflict of law provisions. Your use of Services may also be subject to other laws.

18.7. You expressly agree that exclusive jurisdiction for any claim or dispute with the Company or relating in any way to your use of the Services resides in the courts in the State of Delaware, USA.

18.8. The Company may notify You with respect to the Services by sending an email message to your Account email address. Notices shall become effective immediately.

18.9. The Company reserves the right to take steps, the Company believes, are reasonably necessary or appropriate, to enforce and/or verify compliance with any part of these Terms. You agree that the Company has the right, without liability to You, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as the Company believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms (including but not limited to Company’s right to cooperate with any legal process relating to your use of the Services and/or Platform, and/or a third-party claim that your use of the Services and/or Platform is unlawful and/or infringes such third party's rights).