Terms of Service
These Terms of Service (the “Terms”) govern your use of the website and online services operated by Alamento, Inc., a Delaware corporation (“Alamento,” “we,” “us,” or “our”), including our public website and our client portal (together, the “Services”). By accessing or using the Services, you agree to these Terms. If you are using the Services on behalf of a company or other entity, you represent that you have authority to bind that entity, and “you” refers to that entity.
1. Relationship to Other Agreements
If you or your organization has a separate written agreement with Alamento — such as a services agreement, statement of work, or nondisclosure agreement — that agreement controls to the extent it conflicts with these Terms. These Terms otherwise apply to your use of the Services.
2. The Services
Alamento provides building intelligence services to owners and managers of multifamily and commercial properties, including inspections, condition assessments, photographic documentation, and reporting. The client portal provides our clients with access to their reports, photographs, and related materials. We may modify, add, or discontinue features of the Services at any time.
3. Accounts and Access
Access to the client portal is by invitation only. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. Notify us promptly at legal@alamento.com if you suspect unauthorized use of your account. We may suspend or revoke access at any time to protect the Services, our clients, or their data.
4. Acceptable Use
You agree not to: use the Services in violation of any law or third-party right; attempt to gain unauthorized access to any portion of the Services, other accounts, or the data of other clients; interfere with or disrupt the Services, including by introducing malware or placing unreasonable load on our infrastructure; scrape, harvest, or systematically extract data from the Services; reverse engineer, decompile, or attempt to derive the source code of the Services; or share, sublicense, or resell access to the Services without our written consent.
5. Client Materials and Work Product
As between you and Alamento, you retain ownership of the information and materials you or your properties provide to us. You grant us the rights necessary to host, process, and display those materials in order to provide the Services. Ownership and permitted use of reports, assessments, and other deliverables we prepare are governed by the applicable services agreement; absent one, deliverables are provided for your internal business use in connection with the properties they describe.
6. Our Intellectual Property
The Services — including our software, report formats, assessment methodologies, taxonomies, and all associated intellectual property — are owned by Alamento or its licensors. Except for the limited right to use the Services in accordance with these Terms, no license or other right is granted to you, by implication or otherwise.
7. Confidentiality
Materials available through the client portal are confidential. You agree to access only materials belonging to you or your organization and to use them solely for your internal business purposes, unless a separate agreement between us provides otherwise.
8. Privacy
Our collection and use of personal information in connection with the Services is described in our Privacy Policy.
9. Disclaimers
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, ALAMENTO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. ANY WARRANTIES APPLICABLE TO OUR PROFESSIONAL DELIVERABLES ARE SOLELY THOSE STATED IN THE APPLICABLE SERVICES AGREEMENT.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, ALAMENTO WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNTS YOU PAID US FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS BEFORE THE CLAIM AROSE. THESE LIMITATIONS DO NOT APPLY WHERE PROHIBITED BY LAW.
11. Indemnification
You agree to indemnify and hold harmless Alamento and its officers, directors, employees, and agents from and against any claims, damages, and expenses (including reasonable attorneys' fees) arising from your violation of these Terms or your misuse of the Services.
12. Termination
You may stop using the Services at any time. We may suspend or terminate your access to the Services at any time for breach of these Terms or to protect the Services or their users. Sections that by their nature should survive termination — including Sections 5 through 11 and 13 — survive.
13. Governing Law; Venue
These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles. The state and federal courts located in the State of Delaware have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Services, and each party waives any objection to that venue.
14. Changes to These Terms
We may update these Terms from time to time. When we do, we will revise the effective date above and post the updated version on this page; material changes will be communicated to client portal users by email or through the portal. Your continued use of the Services after an update constitutes acceptance of the revised Terms.
15. General
These Terms, together with the Privacy Policy and any separate written agreement described in Section 1, are the entire agreement between you and Alamento regarding the Services. If any provision of these Terms is held unenforceable, it will be modified to the minimum extent necessary and the rest will remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, reorganization, or sale of assets. Questions about these Terms can be sent to legal@alamento.com.
