Terms of Service (“Terms”) govern access to and use of the subscription-based software platform (the “Service”) provided by Alaha Technology LLC, doing business as AlahaTech (“AlahaTech,” “we,” “us,” or “our”), by any organization that subscribes to or otherwise accesses the Service (“Customer,” “you,” or “your”). By accessing or using the Service, Customer agrees to be bound by these Terms. If Customer does not agree to these Terms, Customer must not access or use the Service. This document is mainly for organizations which subscribe to services provided through KnanayaCommunity.org applications. There may be some conditions applicable to individuals who are part of a subscribing organization.
Purpose and Scope
AlahaTech provides Customer with access to a custom, web-based software application for the purpose of managing membership, communications, events, publishing, and other organizational operations (the “Service”). These Terms apply to all subscribers of the Service and describe the rights and responsibilities of AlahaTech and Customer in connection with that access.
The Subscription Service
- AlahaTech shall host, maintain, and provide Customer with access to the Service during the term of the applicable subscription.
- AlahaTech will provide ongoing updates, bug fixes, security patches, and maintenance releases as part of the Service.
- The Service is provided on a subscription basis and is not sold to Customer. No transfer of ownership in the Service occurs as a result of a subscription.
- For Subscription fee, please contact us using Contact Us.
Customer Responsibilities
Customer agrees to:
- Securely manage all administrator, master, and user credentials associated with its account;
- Promptly notify AlahaTech of any suspected unauthorized access to the Service;
- Use the Service only for lawful purposes and in accordance with these Terms; and
- Refrain from reverse engineering, copying, modifying, or exploiting the Service except as expressly permitted by these Terms.
- Remove a member from its affiliation with the organization upon that member’s request.
Ownership of Customer Data
- All data, content, documents, member records, and other information entered into the Service by Customer (“Customer Data”) remain the property of Customer.
- AlahaTech shall process Customer Data solely for the purpose of providing the Service and for no other purpose.
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AlahaTech shall not sell, distribute, disclose, mine, or use Customer Data for marketing,
analytics, AI training, or any other secondary purpose. AlahaTech may disclose Customer Data only:
- As required to provide the Service;
- As required by law; or
- With Customer’s prior written consent.
Intellectual Property
- The Service, including its source code, architecture, designs, workflows, documentation, and all related intellectual property, remains the exclusive property of AlahaTech.
- No ownership rights in the Service are transferred to Customer under these Terms.
- Customer receives a limited, non-exclusive, non-transferable right to access and use the Service during an active subscription.
Data Export and Retention
- Customer may request an export of Customer Data at any time during an active subscription or within sixty (60) calendar days following termination or expiration of its subscription, in a commonly used format such as CSV or another mutually agreed format for a fee.
- AlahaTech shall use commercially reasonable efforts to fulfill a properly submitted export request within thirty (30) calendar days of receipt.
- AlahaTech may permanently delete Customer Data at any time after sixty (60) calendar days following termination or expiration of a subscription.
- AlahaTech has no obligation to retain, recover, restore, or provide access to any Customer Data after it has been permanently deleted.
Availability and Maintenance
- AlahaTech shall use commercially reasonable efforts to maintain at least 99% uptime, excluding scheduled maintenance.
- Scheduled maintenance may occasionally require temporary service interruptions.
- AlahaTech shall notify Customer of any unscheduled service outage lasting longer than four (4) hours.
- AlahaTech shall maintain daily backups of Customer Data, retained for at least seven (7) calendar days, and shall maintain a disaster recovery plan with a recovery time objective (RTO) of twenty-four (24) hours.
Confidentiality
- Each party shall protect the other’s confidential information using industry-standard administrative, physical, and technical safeguards, including encryption of data in transit and at rest.
- Confidential information shall not be disclosed to third parties except as required by law.
- These confidentiality obligations survive termination or expiration of a subscription.
Warranty Disclaimer
The Service is provided “as is” and “as available.” AlahaTech disclaims all warranties, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
Limitation of Liability
To the maximum extent permitted by law, neither party shall be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or related to use of the Service.
Indemnification
Each party shall indemnify and hold harmless the other party from claims arising from its own negligence or willful misconduct. Customer shall not be liable for the actions of its individual members, volunteers, or participants unless such actions are expressly authorized by Customer.
Term and Termination
- A subscription begins on the applicable effective date and continues until terminated in accordance with these Terms or the applicable order.
- AlahaTech may immediately suspend or terminate access to the Service for non-payment of fees, unauthorized use of the Service, illegal activity, or material breach of these Terms.
- Termination does not relieve Customer of any payment obligations accrued before termination.
Force Majeure
Neither party shall be liable for delays or failures resulting from causes beyond its reasonable control, including natural disasters, internet outages, government actions, labor disputes, or other acts of God.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of law principles.
Dispute Resolution
- The parties shall first attempt in good faith to resolve any dispute arising out of or relating to these Terms through informal negotiations.
- Any dispute that cannot be resolved through negotiation shall be resolved exclusively through arbitration in Dallas County, Texas, conducted by a single arbitrator selected by mutual agreement of the parties or, absent agreement, administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.
- Each party shall bear its own attorneys’ fees and arbitration costs unless the arbitrator determines otherwise.
Changes to These Terms
AlahaTech may update these Terms from time to time. Material changes will be communicated to Customer's designated contact, and continued use of the Service after such changes take effect constitutes acceptance of the updated Terms.
Entire Agreement
These Terms, together with any applicable subscription order or agreement, constitute the entire understanding between AlahaTech and Customer regarding use of the Service and supersede all prior discussions, negotiations, or agreements relating to that subject matter. Any amendment must be in writing and signed by authorized representatives of both parties.
Direct Agreement with Customers
If a direct agreement exists between AlahaTech and Customer, the conditions in that agreement shall supersede any conflicting conditions in these Terms of Service.
Contact
Questions about these Terms of Service may be directed to AlahaTech at: Contact Us
