Terms of Use

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the Alertive service (the “Service”) operated by CommonTime Limited (“us”, “we”, or “our”). Your access to and use of the Service is conditional on your acceptance of and compliance with these Terms.

These Terms apply to all users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Accounts

When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Right to Use

CommonTime agrees to grant you access to the Service for an initial term of 12 months. Your access is effective until you fail to comply with any of these terms or when you notify us of your wish to discontinue access.
The Service includes the ability to send up to 300 critical alerts for all users within the group that you have specified. Once the limit of 300 alerts has been reached, we may choose to disable your access to the alert function.

Intellectual Property

All title, copyright, trademark, database rights and other intellectual and proprietary rights in and to the Services are owned and retained exclusively by CommonTime. The Customer does not own any part of the Service and the Customer obtains only such rights as are granted by us. The Customer shall notify CommonTime immediately of any claim or demand made or action brought against the Customer for infringement or alleged infringement of any patent, copyright or trade secret in respect of the Services and shall not make any comment or admission to any third party in respect thereof.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service but should email us at support@alertive.co.uk. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Data Protection

The Customer hereby authorises us to process any of its data (including any personal data as defined in Applicable Data Protection Law) only to the extent necessary and solely for the purpose of carrying out its obligations under the Contract, including without limitation, when CommonTime is resolving a Support or maintenance problem. Immediately after such use, CommonTime agrees that it shall destroy any copy data created.

Our use of personal data gained in connection with the operation of our website is detailed separately in our Privacy Policy.

Warranty

CommonTime warrants that the Service will perform substantially in accordance with its accompanying electronic documentation, minor interruptions or errors excluded. We provide no other warranties, representations, indemnities or guarantees of any kind, express or implied, including but not limited to implied warranties of merchantability, satisfactory quality or fitness for a particular purpose or ability to achieve a particular result, with respect to the Services.

We shall provide or procure the provision of the Service to you in accordance with these terms. You acknowledge that it is technically impracticable to provide fault free software 100% of the time and we do not undertake to do so. If you have any feedback on our product or require assistance you should contact us at support@alertive.co.uk. We will respond on a best endeavours basis. We may require that you stop using a particular version of our software and upgrade to an updated version.

Except in respect of personal injury or death caused by the negligence of CommonTime in no event will CommonTime be liable to you for any damages including any lost profits, lost savings, loss of data or any indirect, special or consequential damages arising out of the use of or the inability to use such Service even if CommonTime has been advised of the possibility of such damages.

Governing Law

These Terms shall be governed and construed in accordance with the laws of the United Kingdom without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Right to publicity

We reserve the right to refer to the fact that members of your organisation are using our service, provided always that the service is being used and any reference is presented in such a way as to not be misleading. This may include appropriate presentation of your organisation name and logo. Any such reference will only be to your organisation as a whole unless you have given express permission for us to refer to your particular department, specialism or application. If you agree to provide us with a testimonial we reserve the right to publish this testimonial unless and until such permission is withdrawn by yourself in writing.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about these Terms, please contact us at support@alertive.co.uk.