Terms of Service

1. Acceptance and Scope

These Terms of Service ("Terms") govern access to and use of the public website, customer portals, APIs, software platforms, dashboards, documentation, and related services provided by ALPHA Augmented Services AG ("ALPHA", "we", "us", or "our") (collectively, the "Services"), unless a separate written agreement applies.

By accessing or using the Services on behalf of an organization, you represent that you are authorized to accept these Terms on behalf of that organization. If you do not agree to these Terms, you must not access or use the Services.

If ALPHA and a customer have entered into a separate written agreement, order form, statement of work, data processing agreement, master services agreement, or other negotiated contract, that agreement governs the relevant Services to the extent of any conflict with these Terms.

2. Access to the Services

Subject to these Terms and any applicable written agreement, ALPHA grants authorized business users a limited, non-exclusive, non-transferable, revocable right to access and use the Services for the customer's internal business purposes.

Users may not copy, modify, distribute, resell, sublicense, reverse engineer, decompile, or attempt to extract the source code of any ALPHA software, except to the extent expressly permitted by applicable law or a separate written agreement.

Access to customer portals, APIs, dashboards, or other restricted services may require an authorized account. Customers are responsible for ensuring that only authorized personnel access the Services.

3. Accounts and Security

Users are responsible for maintaining the confidentiality of account credentials and for all activity under their accounts.

Customers are responsible for managing their authorized users, ensuring that user information is accurate, and promptly notifying ALPHA of unauthorized access, compromised credentials, or users who should no longer have access.

Users must not share accounts, bypass access controls, interfere with authentication mechanisms, or access data or systems without authorization.

4. Customer Data

As between ALPHA and the customer, the customer retains all rights in data, files, records, shipment information, logistics data, business information, and other materials submitted to or processed through the Services ("Customer Data").

Customer grants ALPHA the rights necessary to host, process, transmit, analyze, display, and otherwise use Customer Data solely to provide, secure, maintain, support, and improve the Services, and as otherwise permitted under the applicable agreement.

Customer is responsible for ensuring that it has the necessary rights, permissions, and legal basis to provide Customer Data to ALPHA and to allow ALPHA to process it in connection with the Services.

5. Outputs and Customer Decisions

The Services may generate optimization results, analytics, forecasts, recommendations, visualizations, dashboards, packing instructions, shipment planning outputs, emissions estimates, or similar outputs ("Outputs").

Outputs are provided to support business decision-making and operational planning. Customers remain responsible for reviewing Outputs, validating their suitability for their specific use case, and making final operational, commercial, safety, regulatory, and logistics decisions.

Unless expressly agreed otherwise in writing, ALPHA does not guarantee that any Output will achieve a particular cost saving, emissions reduction, capacity utilization, packing result, delivery time, or operational outcome.

6. Acceptable Use

Users must not:

• Use the Services for unlawful, harmful, fraudulent, or abusive purposes
• Access or attempt to access accounts, systems, networks, data, or APIs without authorization
• Interfere with, disrupt, overload, scan, probe, or test the vulnerability of the Services without ALPHA's written permission
• Upload or transmit malware, malicious code, or content designed to disrupt the Services
• Bypass, disable, or interfere with security, authentication, rate-limiting, logging, or monitoring controls
• Reverse engineer, scrape, crawl, copy, or extract data from the Services except as expressly permitted
• Use the Services to build or benchmark a competing product without ALPHA's written permission
• Submit Customer Data that violates applicable law or third-party rights
• Use the Services in a way that could harm ALPHA, other customers, or the security or availability of the Services

7. APIs and Documentation

If ALPHA provides access to APIs, API keys, technical documentation, or integration materials, users may use them only for authorized business purposes and in accordance with ALPHA's documentation and applicable agreements.

ALPHA may set and enforce usage limits, authentication requirements, security requirements, and technical restrictions. API keys and credentials must be kept confidential and must not be shared with unauthorized parties.

8. Intellectual Property

ALPHA and its licensors retain all rights, title, and interest in and to the Services, including software, algorithms, models, interfaces, workflows, designs, documentation, know-how, trademarks, logos, and other intellectual property.

Except for the limited access rights expressly granted in these Terms or a separate written agreement, no rights are transferred to users or customers.

Customers retain their rights in Customer Data. Feedback, suggestions, or improvement ideas provided to ALPHA may be used by ALPHA without restriction or obligation, provided that ALPHA does not disclose Customer Data in violation of applicable confidentiality or data protection obligations.

9. Confidentiality

Users may receive access to non-public information relating to ALPHA, the Services, documentation, pricing, security practices, technical information, product plans, or other confidential information. Users must protect such information from unauthorized use or disclosure and use it only for the purpose of evaluating or using the Services.

This section does not limit any confidentiality obligations in a separate written agreement.

10. Privacy and Data Protection

ALPHA handles personal data in accordance with its Privacy Policy, available at /privacy-policy.

Where ALPHA processes personal data on behalf of a customer, such processing is governed by the applicable customer agreement, data processing agreement, or documented customer instructions.

For privacy questions, contact privacy@alphaaugmented.com.

11. Disclaimers

The Services are provided on an "as is" and "as available" basis, except as expressly stated in a separate written agreement.

To the fullest extent permitted by applicable law, ALPHA disclaims warranties of merchantability, fitness for a particular purpose, non-infringement, and uninterrupted or error-free operation.

ALPHA does not warrant that the Services or Outputs will be free from errors, interruptions, delays, inaccuracies, or that they will meet all customer requirements.

Nothing in these Terms limits warranties or service commitments expressly agreed in a separate written agreement.

12. Limitation of Liability

To the fullest extent permitted by applicable law, ALPHA will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, loss of business opportunity, loss of goodwill, business interruption, or loss of data, arising out of or relating to the Services.

Except where prohibited by law or where a separate written agreement provides otherwise, ALPHA's total aggregate liability arising out of or relating to the Services will not exceed the amounts paid by the customer to ALPHA for the relevant Services during the twelve months preceding the event giving rise to the claim.

Nothing in these Terms limits liability where such limitation is not permitted by applicable law, or where a separate written agreement expressly provides different liability terms.

13. Indemnification

Users and customers agree to indemnify and hold ALPHA harmless from claims, damages, liabilities, costs, and expenses arising from unauthorized use of the Services, violation of these Terms, unlawful Customer Data, infringement of third-party rights, or breach of applicable law, except to the extent caused by ALPHA's own unlawful conduct.

If a separate written agreement applies, indemnification obligations in that agreement will govern to the extent of any conflict.

14. Suspension and Termination

ALPHA may suspend or restrict access to the Services if ALPHA reasonably believes that a user or customer has violated these Terms, created a security risk, used the Services unlawfully, or may harm ALPHA, other customers, or the availability or integrity of the Services.

Where commercially reasonable and legally permitted, ALPHA will provide notice before or promptly after suspension. Separate customer agreements may include additional termination rights and obligations.

15. Changes to the Services and Terms

ALPHA may update the Services from time to time, including adding, modifying, or removing features.

ALPHA may also update these Terms from time to time. If we make material changes, we will update the "Last updated" date and, where appropriate, provide additional notice. Continued use of the Services after updated Terms become effective constitutes acceptance of the updated Terms.

16. Governing Law and Jurisdiction

These Terms are governed by the laws of Switzerland, without regard to conflict of law principles.

Unless otherwise required by applicable law or agreed in a separate written agreement, the courts at the registered seat of ALPHA Augmented Services AG have exclusive jurisdiction over disputes arising out of or relating to these Terms or the Services.

17. Legal Compliance

Users and customers are responsible for using the Services in compliance with applicable laws and regulations, including data protection, export control, sanctions, transportation, logistics, and other laws relevant to their use of the Services.

Customers are responsible for ensuring that their use of the Services and any operational decisions based on Outputs comply with applicable safety, transport, customs, trade, packaging, and logistics requirements.

18. Contact Us

If you have questions about these Terms of Service, please contact us at: