Cancellation and Refund Policy
This Cancellation and Refund Policy governs all purchases of any nature made through the Alpacon platform operated by AlpacaX, Inc., subject to applicable law. By accessing or using the Alpacon platform or our services on that platform or making any purchase, you agree to this policy. If you do not accept this policy at any time, you should not make any commerce or transactions on our platform.
PURPOSE
This Cancellation and Refund Policy (the "Policy"), along with our Privacy Policy, Cookies Policy, and the Terms of Service incorporated herein (collectively, the "Agreement"), constitute a legally binding agreement between you ("User," "you," "your," or "yours") and AlpacaX Inc. ("AlpacaX," "we," "our," or "us") regarding your access to, or purchase or use of the Alpacon platform and any associated products, services, or features (collectively, the "Services"). This Policy is established to promote transparency in transactions, protect consumer rights, and comply with applicable law. For clarity, capitalized terms used but not defined here have the meanings given in the Terms of Service.
CANCELLATION
You may cancel or suspend your subscription at any time, except for customized, personalized, or otherwise tailored services, or following a material breach of the Agreement by you), to the extent permitted under applicable law. Your cancellation request shall be submitted through our official Customer Support channel or the in-service or in-platform account setting.
The cancellation shall be effective only upon our written confirmation and approval to you. Unless expressly stated otherwise in this policy or under applicable law, cancellations take effect at the end of your then-current billing term (monthly/annual), and no refunds or credits are issued for partial terms or unused features. If you cancel an annual or multi-period commitment early (where permitted), all remaining fees for the committed term become immediately due and are non-refundable.
REFUND
No Refund Policy.
All Services and subscription fees, including taxes or other charges, if any, are non-refundable once the billing period begins and your server is registered/activated, whether or not you use the Services. If you do not wish to continue your subscription, you must request cancellation at least forty-eight (48) hours before the next billing date. No refunds will be issued for partially used or unused subscription periods. The Services are considered active and billable upon the registration/activation of any server to your Alpacon workspace.
Exceptions.
Exceptions to this no-refund policy may be granted under the following circumstances:
Refund Request and Approval.
All refund requests must be submitted in writing exclusively through our official Customer Support or the platform or service interface within fifteen (15) days of the date of the disputed charge. AlpacaX will evaluate refund claims in good faith and may request supporting documentation to verify the claim. If approved, refunds (or service credits in lieu of cash refunds to be selected at our discretion) are limited to the amount actually paid by the user for the affected service/period service purchased; we are not liable for any indirect, or incidental, consequential, special, exemplary, or punitive damages. You are responsible for exchange-rate differences and bank/processor fees, which are not refundable.
RETENTION OF TRANSACTION RECORDS
AlpacaX retains transaction-related records (such as service registration or purchase, cancellation thereof, payment, and customer complaints or dispute resolution) as required by applicable law.
DISCLAIMER; SUSPENSION; TERMINATION
WITHOUT ANYTHING CONTRARY HERETO, WE RESERVE THE RIGHT TO SUSPEND OR TERMINATE YOUR ACCESS TO SERVICES OR CANCEL YOUR PURCHASE OF ANY SERVICES ON OUR PLATFORM IMMEDIATELY WITHOUT ANY OBLIGATION TO PROVIDE A REFUND IF USERS VIOLATE THESE TERMS, MISUSE THE PLATFORM, ENGAGE IN PROHIBITED, UNLAWFUL, OR FRAUDULENT ACTIVITY, FAIL TO MAKE PAYMENT OF ANY FEES. WE MAY ALSO SUSPEND OR TERMINATE ACCESS AS NECESSARY TO ADDRESS SECURITY, LEGAL, OR OPERATIONAL RISKS.
EFFECT OF CANCELLATION; DATA HANDLING
Upon cancellation or termination, access ends at the end of the current term (or immediately upon termination by us for cause). We may offer a reasonable, time-limited export window for your data where required by law or by plan. After that window, we may delete or anonymize your Personal Information as defined in our Privacy Policy from active systems per our standard retention schedules; residual copies may persist in backups for a limited period. Provisions that by their nature should survive (e.g., payment obligations, disclaimers, limitations of liability, dispute resolution) will survive termination.
FREE TRIALS OR PROMOTIONS
Trials convert to paid per stated terms unless canceled before the trial ends; trial periods are not refundable. Coupons, promotions, and courtesy credits have no cash value, are non-transferable, and are not refundable. Beta/pre-release features are provided "as is," may change or end at any time, and are not eligible for refunds.
USER SUPPORT AND DISPUTE RESOLUTION
Arbitration.
All claims, disputes, controversies, or disagreements of any kind whatsoever arising out of or relating to this Policy, the Agreement, or AlpacaX's Alpacon platform or the Services, excluding legal action taken by AlpacaX to collect or recover damages for, or obtain any injunction under this Policy, shall be settled exclusively by confidential binding arbitration in accordance with the commercial arbitration rules of JAMS then existing. The arbitration shall be conducted in the county in California, USA where AlpacaX is located. To the extent permitted by law, each party shall bear one-half of the arbitration fees and costs incurred through JAMS unless the arbitrator awards costs to the prevailing party.
Class Action and Jury Waiver.
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE ALPACON PLATFORM OR THE SERVICES FOR PERSONAL, COMMERCIAL, OR OTHER PURPOSES, ALL CLAIMS BROUGHT BY A PARTY TO THIS POLICY MUST BE BROUGHT IN SAID PARTY'S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS THE PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS POLICY, THE PARTIES TO THIS POLICY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
Mandatory Informal Resolution.
Before initiating arbitration, you agree first to contact AlpacaX Support Team to attempt to resolve the issue informally and amicably. We will make reasonable efforts to address your concern in good faith.
GENERAL PROVISIONS
Entire Agreement.
This Policy, together with the Privacy Policy, Cookies Policy, and the Terms of Service incorporated herein, contains all of the terms and conditions of your access to or purchase or use of the Alpacon platform and Services and supersedes any prior understandings or agreements, whether oral or written, between the parties.
Amendment/Modification.
AlpacaX reserves a right to update, amend, or modify this Policy, with or without a prior notice to you of the upcoming changes thereto. Any changes will be posted on this page or our website with an updated revision or a notice given to you through the Services or by other means. Your continued access to or purchase of use of the Services after the changes become effective constitutes your acceptance of the revised terms of this Policy.
Severability.
If any provision of this Policy is held invalid or unenforceable, the remainder of this Policy shall nevertheless remain in full force and effect. If any provision is held invalid or unenforceable with respect to particular circumstances, it shall nevertheless remain in full force and effect in all other circumstances.
Governing Law.
This Policy is governed by and construed in accordance with the laws of the State of California, USA.
Force Majeure.
In no event shall AlpacaX be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to: acts of God, flood, fire, earthquake, explosion, war, terrorism, pandemic, epidemic, invasion, riot or other civil unrest, strikes, labor stoppages or slowdowns or other industrial disturbances, or passage of laws or any action taken by a governmental or public authority, including imposing an embargo.
Interpretation and Understanding.
This Policy shall be interpreted in accordance with the plain meaning of its terms and no part of this Policy shall be construed strictly for or against either of the Parties for any vagueness or ambiguity. The Parties represent and warrant that (i) each of them has carefully and completely read, and fully understands all the provisions of this Policy, has had an opportunity to consult with a legal counsel or actually consulted with a legal counsel, and voluntarily, knowingly, and willingly intends to be legally bound by the same; (ii) the terms of this Policy were determined through negotiation between the Parties themselves and this Policy is mutually drafted by the Parties; and (iii) in executing this Policy, each of the Parties does not rely and has not relied upon any representation or statement made by the other Party, or by the other Party's agents, attorneys, or representatives with regard to the subject matter, basis, or effect of this Policy or otherwise, other than those specifically stated in this Policy. Any matter not specified in this Policy shall be interpreted according to relevant state and federal laws.
Assignment; Successors and Assigns.
AlpacaX may assign, delegate and/or otherwise transfer this Policy or its rights and obligations hereunder to any person or entity, which purchases or otherwise succeeds to the business of AlpacaX to which this Policy pertains. You may not assign, delegate, or otherwise transfer this Policy or any of its rights or obligations hereunder without the prior written consent of AlpacaX. This Policy shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.
Non-Waiver.
The failure by AlpacaX at any time to enforce any of the provisions of this Policy or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, shall not constitute a waiver of such provision, right, remedy or option or in any way affect the validity of this Policy. AlpacaX's waiver of your default shall not be deemed a continuing waiver, but it shall apply solely to the instance to which such waiver is directed.
Notice and Communication.
We may provide notices regarding this Policy by posting them on our website, within the Services interface, or by sending communications to the contact information you have registered with us. It is your responsibility to review such notices.
CONTACT US.
If you have any questions, comments, complaints or requests regarding these terms or our Services, please contact us:
Alpacon Team - Customer Support
- Email: support@alpacax.com
- Phone: +1 (855) 257-2229
- Address: 100 Middlefield Rd, Menlo Park, CA 94025, United States