Terms of Service

You represent that you are at least 13 years old, have the right and authority to enter into Agreement, and are fully able and competent to satisfy these Terms.

You agree to provide accurate, current, and complete information when creating your AlpacaX account. You are solely responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You further agree to keep your information accurate, current, and complete, and if there are any changes, promptly update and to take reasonable steps to prevent unauthorized access to your account.

AlpacaX is not liable for any loss or damage resulting from unauthorized access, account compromise, or misuse that arises from your failure to safeguard your account credentials.

Subject to your compliance with these Terms and your service plan, AlpacaX grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable, worldwide license to access and use the Alpacon platform solely for your personal or internal business operations.

We reserve the right, but not the obligation, to update, modify, suspend, support, maintain, or discontinue the Alpacon platform and the Services, and keep them available for your access or use.

Services Components. We provide the following features as part of our website, sent via email, or delivered via in-app notification or the Alpacon platform or the Services, which may vary depending on your subscription plan and may be changed from time to time in our sole discretion:

Suspension and Downtime. We may, at our sole discretion, suspend, limit, or restrict access to the Services under the following circumstances:

Notice and Recovery. We will make commercially reasonable efforts to notify you at least three (3) days in advance of planned maintenance or anticipated downtime. However, we reserve the right to suspend, limit, or restrict the Services without prior notice in urgent or high-risk situations (e.g., security incidents or legal enforcement actions).

At all times, you may use the Services only in compliance with these Terms, applicable laws, and any usage guidelines or policies published or provided by AlpacaX from time to time. You are solely responsible for your actions and for ensuring that your use of the Alpacon platform or the Services does not violate any laws or infringe upon the rights of third parties.

You agree not to engage in any of the following prohibited activities in addition to, without limiting, the Prohibited Activities as set forth in Section 4.5:

You retain all ownership rights to any content, commands, or other data you submit, upload, or generate on our platform or/and through your use of the Services ("User Content").

By using the Alpacon platform or the Services, you grant AlpacaX a non-exclusive, worldwide, royalty-free, fully paid-up license to use, copy, process, analyze, and store such User Content solely to provide and improve the Services, including usage analytics and feature development.

This license does not grant AlpacaX the right to publicly disclose, sell, or distribute your User Content, except in anonymized or aggregated form that does not identify you or your organization.

This Section 5.3. is subject to our Privacy Policy. Any personal information submitted through the Services will be handled by that policy.

In connection with your access to or use of the Alpacon platform or the Services, you may use, acquire, or obtain access to third-party content and services, including, without limitation to, websites, applications, and AI models that are not directly developed or operated by AlpacaX (collectively, the "Third-Party Services"). You shall be responsible for ensuring that the Third-Party Services with which you choose to operate the Alpacon platform or the Services meet our minimum requirements, including, without limitation, the processing speed, memory, and the availability of dedicated internet access required for the Alpacon platform or the Services, and that your use of such Third-Party Services in connection with the Alpacon platform or the Services are not in violation of any licenses, terms, conditions, laws, rules, and/or regulations respecting the use of such Third-Party Services. Even if we may indicate such Third-Party Services' license information, we do not assume any responsibility or liability for the actions, products, services, or content of any Third-Party Services, nor do we verify the validity of the license of these Third-Party Services. You should carefully review the legal statements, licenses and other conditions of use of any website or application which you access through AlpacaX's Alpacon platform or the Services. Your linking to any other off-site websites or applications is at your own risk.

Furthermore, the Alpacon platform or the Services may include Third-Party Components (as defined below), and Third-Party Software (as defined below) may be provided from time to time in conjunction with the Services. Your use of the Third-Party Software and Third-Party Components (including any updates or upgrades thereto) may be subject to separate or additional terms and conditions. These separate or additional terms and conditions, if any, will be made available in a text file accompanying the Services and/or, in the case of Third-Party Software, may be made available when you use or install the Third-Party Software for the first time. With respect to Third-Party Software provided to you by AlpacaX, AlpacaX is only able to provide such software with your understanding, acknowledgment, and agreement that such software is (a) provided as a convenience to you only; and (b) if it is not accompanied by a separate software license, it is subject to the terms and conditions of these Terms as though it were Services, except that in all cases it is provided by AlpacaX on an "AS IS" and "AS AVAILABLE" basis with no express or implied conditions, endorsements, guarantees, representations or warranties. If you wish to obtain Third-Party Software on other terms, you should acquire this Third-Party Software directly from its suppliers. In no event shall such separate license agreements or additional terms and conditions between you and the supplier be binding on AlpacaX or impose any additional obligations, or obligations inconsistent with the terms of these Terms, upon AlpacaX whatsoever. To the extent that any particular Third-Party Component is covered by additional terms and conditions that provide you with rights to use, copy, distribute, or modify all or part of such Third-Party Component broader than the rights afforded you under these Terms for the Software then, solely to that extent, you can exercise such broader rights without breaching the terms of these Terms for the remainder of the Services.

"Third-Party Components" means software and interfaces licensed by AlpacaX from a third party for incorporation into AlpacaX's software platform or product, and distributed as an integral part of AlpacaX platform or product under AlpacaX's brand but does not include Third-Party Software. "Third-Party Software" means standalone software applications proprietary to a third party that are provided by AlpacaX or its authorized distributors bundled with, or separately for use with, the Services.

Billing Model. Services fees are billed based on the number of active servers, not per user.

Automatic Billing. If at least one server remains active as of your billing date, your subscription will automatically renew. Subscription fees are charged monthly on the same calendar date as your initial purchase unless otherwise agreed with you in writing. If your billing date falls on a non-existent calendar day (e.g., the 31st), the charge will be adjusted to the closest available date.

AlpacaX reserves the right to update its pricing or fee structure at any time in its sole discretion, provided a prior written notice is given at least 30 days prior to the effective date of such change as posted on our website, sent via email, or delivered via in-app notification.

With such change notice, your continued use of the Service after the effective date of change constitutes acceptance of the new fees. If you do not agree to the changes, you must cancel your subscription before the new fees take effect.

The most current pricing and billing policies are published at: https://www.alpacax.com/alpacon/pricing

AlpacaX is committed to protecting the privacy and security of your personal information. AlpacaX's data collection and use practices, including data collection and use of personally identifiable information can be found in the Privacy Policy and within the Alpacon platform interface, outlining the categories of data collected, the purposes for which they are used, and your rights regarding your data.

Each party ("Receiving Party") agrees to keep confidential and not disclose to any third party any non-public, proprietary, or confidential information ("Confidential Information") disclosed by the other party ("Disclosing Party") in connection with the Services. Confidential Information includes, but is not limited to:

The Receiving Party agrees to: (i) use the Confidential Information solely to fulfill its obligations under these Terms; (ii) protect the Confidential Information with the same degree of care it uses to protect its confidential information, but no less than a reasonable degree of care; and (iii) not disclose Confidential Information to any third party without the prior written consent of the Disclosing Party.

The above obligations do not apply to information that:

Data generated during your use of the Alpacon Services are categorized and governed based on its association with the user account (ID), workspace, and server.

Personal data provided during account creation and use is associated with your user account and will be deleted immediately upon account termination, except where retention is required by applicable law.

Data created or managed within a workspace, including configurations and user activity logs, is attributed to the workspace. If the workspace is deleted, all associated data will be deleted immediately.

Data residing on a specific server is considered server-bound. If the server is deleted, all associated data will be deleted as well.

If you no longer wish to use the Services, you may request permanent deletion of your workspace and associated data in writing. Upon approval, all data will be permanently and irretrievably deleted.

For security and privacy reasons, AlpacaX will not delete a workspace or its data at the request of anyone other than the registered owner of the workspace.

Data Deletion Requirements: Data deletion must be performed directly by the user and only when all of the following conditions are met:

Services Continuity and Fair Use. We operate the Services in accordance with applicable laws and these Terms. We strive to deliver uninterrupted and stable service, and we will not engage in any deceptive or unfair business practices.

Feedback and Complaints. If you submit a complaint or concern regarding the use of our Services, we will review the matter in good faith and respond promptly. However, this does not guarantee a favorable resolution.

Data Security and Account Protection. We implement industry-standard administrative, physical, and technical safeguards to protect your account, including but not limited to:

Incident Response and Notification. If we detect unauthorized access, account compromise, or service degradation, we will notify affected users (if legally required) and take appropriate mitigation steps to restore service integrity.

User-Facing Security Tools. We provide you with tools to help you secure your account, including:

AI-driven anomaly detection is intended solely as a supplementary safeguard to enhance security and service reliability.

The system may, at our discretion, generate alerts, recommendations, or automated responses based on detected abnormalities, and such responses may include suspending or restricting user access.

While we make commercially reasonable efforts to optimize accuracy, AI detections may result in false positives or false negatives. We make no warranty or guarantee that all threats, risks, or abnormalities will be identified, prevented, or resolved.

You must not interfere with, disable, circumvent, or attempt to manipulate the AI-based anomaly detection system.

You must not engage in any activity intended to evade detection, mislead the system, or conceal misuse of the Services.

If notified of a potential abnormality or security concern, you must promptly cooperate in good faith with any investigation, inquiry, or remediation effort requested by us.

You acknowledge that your continued use of the Services constitutes acceptance of AI monitoring and its outcomes.

By using the Services, you expressly consent to our collection, processing, storage, and analysis of your data—including but not limited to logs, system events, and operational metadata—for AI-based anomaly detection and related security functions.

Such processing may be conducted internally or by third-party providers engaged by us, each of whom will be bound by confidentiality and security obligations.

You waive any claim against us arising from the use, processing, or outcomes of such AI analysis, provided it is undertaken in accordance with these Terms.

You may suspend or terminate your account by following the instructions provided in your AlpacaX account settings.

AlpacaX may also suspend or terminate your access to or use of the Alpacon platform or the Services temporarily or indefinitely in the event that (a) you engage in any one or combination of the Prohibited Activities or otherwise breach any terms of the Agreement; (b) AlpacaX is unable to verify or authenticate any information you provide to us; or (c) your access to or use of the Alpacon platform or the Services violate any applicable laws.

Upon termination of your account or deletion of your workspace, all associated data will be permanently deleted, unless retention is required by applicable law.

The provisions of these Terms in Sections 10 through 14, and Sections 17 and 18 shall survive any termination of these Terms.