Terms of Service

1. Acceptance of Terms

Welcome to Alp Capital. These Terms of Service constitute a legally binding agreement between you, whether personally or on behalf of an entity, and Alp Finance Inc., a Canadian corporation headquartered at A-36 ch de la Savane, Gatineau, Quebec J8T 5C2, Canada, operating under the brand name Alp Capital. By accessing our website at https://www.alphacapital.buzz, engaging our computer systems design and integration services, or interacting with any of our digital properties, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, our Privacy Policy, and any other policies or guidelines incorporated by reference herein.

These Terms apply to all visitors, users, clients, and others who access or use our website and services. If you are entering into this agreement on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, in which case the terms you and your shall refer to such entity. If you do not have such authority, or if you do not agree with any provision of these Terms, you must not accept these Terms and may not access or use our website or services.

We reserve the right, at our sole discretion, to modify, amend, or replace these Terms at any time. When we make material changes, we will update the Last Updated date at the top of this page and post a prominent notice on our website. Your continued use of the website or services after the effective date of any revised Terms constitutes your acceptance of the updated Terms. It is your responsibility to review these Terms periodically for changes. If you do not agree to the new Terms, you must discontinue use of our website and services immediately.

2. Description of Services

Alp Capital provides professional services in the field of computer systems design and related services, including but not limited to systems architecture and design consulting, cloud infrastructure planning and migration, cybersecurity assessment and implementation, data engineering and analytics platform development, DevOps and platform engineering, technology consulting and advisory services, and computer integrated systems design. The specific scope, deliverables, timelines, and fees for any engagement shall be set forth in a separately executed master services agreement, statement of work, or other written instrument signed by authorized representatives of both parties.

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, with or without notice, to the extent permitted by applicable law and subject to any contractual commitments we have made to existing clients. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of services, provided that we fulfill our obligations under any active client agreements in effect at the time of such change.

3. Website Use and Access

3.1 License to Use the Website

Subject to your compliance with these Terms, Alp Capital grants you a limited, non-exclusive, non-transferable, revocable license to access and use our website for your personal or internal business purposes. This license does not include any right to download, copy, modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the website without our prior written consent, except as expressly permitted by applicable law.

3.2 Prohibited Conduct

You agree that you will not, and will not permit any third party to: use the website for any unlawful purpose or in violation of any applicable local, provincial, national, or international law; attempt to gain unauthorized access to any portion of the website, the server on which the website is hosted, or any server, computer, or database connected to the website; introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; engage in any activity that interferes with or disrupts the proper functioning of the website or any services provided through it; use any robot, spider, scraper, or other automated means to access the website for any purpose without our express written permission; or attempt to probe, scan, or test the vulnerability of any Alp Capital system or network or breach any security or authentication measures.

3.3 Account Registration

Certain features of our services may require you to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary to keep it accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. Alp Capital shall not be liable for any loss or damage arising from your failure to comply with this obligation.

4. Intellectual Property Rights

4.1 Our Intellectual Property

All content, features, and functionality available on or through the Alp Capital website -- including but not limited to text, graphics, logos, icons, images, audio clips, video clips, digital downloads, data compilations, software code, page layout, design elements, and the selection and arrangement thereof -- are the exclusive property of Alp Finance Inc., its licensors, or other content suppliers and are protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The Alp Capital name, the Alp Capital logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Alp Finance Inc. or its affiliates.

You may not copy, reproduce, distribute, transmit, display, perform, publish, license, modify, create derivative works from, sell, or otherwise exploit any content, in whole or in part, without our prior written authorization. Any unauthorized use of our intellectual property may violate copyright laws, trademark laws, and other applicable regulations and statutes and may subject you to civil and criminal penalties.

4.2 Client Deliverables

Unless otherwise agreed in writing, upon full payment of all fees due under the applicable statement of work, Alp Capital assigns to the client all right, title, and interest in and to the custom deliverables created specifically for the client during the course of the engagement. This assignment excludes any pre-existing tools, libraries, frameworks, methodologies, templates, code modules, or know-how owned or developed by Alp Capital prior to or independently of the engagement. Alp Capital retains ownership of all generic, non-client-specific intellectual property and may use the skills, knowledge, and experience gained during the engagement in other projects, provided that we do not disclose client confidential information or use any client-specific deliverables.

4.3 User-Generated Content

If you submit any content, feedback, suggestions, or ideas to Alp Capital through our website, by email, or through any other communication channel, you grant us a perpetual, irrevocable, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in any media for any purpose related to our business, without compensation or attribution to you, unless otherwise agreed in a signed writing. You represent and warrant that you own or control all rights in and to any content you submit and that such content does not infringe the intellectual property or privacy rights of any third party.

5. Confidential Information

In the course of our engagement, each party may disclose to the other certain non-public, proprietary, or confidential information including, but not limited to, business plans, financial data, technical specifications, source code, system architectures, customer lists, pricing information, trade secrets, and other materials designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. The receiving party agrees to hold such confidential information in strict confidence, to use it only for the purpose of performing its obligations under the applicable agreement, and to protect it using the same degree of care that it uses to protect its own confidential information of a similar nature, but in no event less than reasonable care.

The obligations of confidentiality shall not apply to information that: is or becomes publicly available through no fault of the receiving party; was rightfully in the receiving partys possession prior to disclosure by the disclosing party; is rightfully obtained by the receiving party from a third party without restriction on disclosure; is independently developed by the receiving party without use of or reference to the disclosing partys confidential information; or is required to be disclosed by law, regulation, or court order, provided that the receiving party gives the disclosing party prompt written notice and reasonable assistance to seek a protective order or other appropriate remedy. Upon termination of the engagement or at the disclosing partys request, the receiving party shall promptly return or destroy all copies of confidential information in its possession, subject to any legal or regulatory retention requirements.

6. Disclaimer of Warranties

THE ALP CAPITAL WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALP FINANCE INC. EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.

ALP CAPITAL MAKES NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE, COMPLETE, OR RELIABLE; OR THAT ANY ERRORS OR DEFECTS IN THE WEBSITE WILL BE CORRECTED. WE DO NOT WARRANT THAT THE WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE WEBSITE AND THE ACCURACY OR COMPLETENESS OF ANY CONTENT OBTAINED THROUGH IT.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ALP CAPITAL OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ALP FINANCE INC., ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITY, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, PERSONAL INJURY, OR PROPERTY DAMAGE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE, ANY WEBSITES LINKED TO IT, OR ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ALP FINANCE INC. AND ITS AFFILIATES FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ALP CAPITAL DURING THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED CANADIAN DOLLARS (CAD $100.00). THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS.

8. Indemnification

You agree to defend, indemnify, and hold harmless Alp Finance Inc., its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal and accounting fees) arising out of or relating to: your violation of these Terms of Service; your use of the Alp Capital website, including any content you submit, transmit, or make available through the website; your violation of any third-party right, including without limitation any intellectual property right, publicity right, confidentiality right, property right, or privacy right; any claim that your content caused damage to a third party; or your violation of any applicable law, rule, or regulation.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with us in asserting any available defenses. You shall not settle any indemnified claim without our prior written consent. This indemnification obligation shall survive the termination or expiration of these Terms and your use of the website and services.

9. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter, whether of a contractual or non-contractual nature, shall be governed by and construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision or rule that would result in the application of the laws of any other jurisdiction.

You and Alp Finance Inc. hereby irrevocably attorn to the exclusive jurisdiction of the courts of the Province of Quebec sitting in the City of Gatineau for the resolution of any dispute arising out of or relating to these Terms. You waive any objection to the laying of venue in such courts on the grounds of forum non conveniens or any similar doctrine. Notwithstanding the foregoing, Alp Capital may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or confidential information.

The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms or to any transaction conducted through the Alp Capital website or services. Any cause of action you may have with respect to your use of the website must be commenced within one year after the claim or cause of action arises, or such claim or cause of action shall be forever barred.

10. General Provisions

10.1 Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices or policies published by Alp Capital on the website, constitute the entire agreement between you and Alp Finance Inc. concerning your use of the website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the subject matter hereof. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision.

10.2 Severability

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary so that the remaining provisions of the Terms will continue in full force and effect. The invalidity of any provision shall not affect the validity or enforceability of any other provision.

10.3 Waiver

No failure or delay by Alp Capital in exercising any right, power, or privilege under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege. Any waiver must be in writing and signed by an authorized representative of Alp Finance Inc. to be effective.

10.4 Assignment

You may not assign or transfer these Terms, or any of your rights or obligations hereunder, whether by operation of law or otherwise, without our prior written consent. Any attempted assignment in violation of this section shall be null and void. Alp Capital may freely assign or transfer these Terms, or any of its rights or obligations hereunder, without restriction, including in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets.

10.5 Relationship of the Parties

Nothing in these Terms shall be construed as creating a partnership, joint venture, agency, or employment relationship between you and Alp Finance Inc. Neither party has the authority to bind the other or to incur any obligation on the others behalf without the others prior written consent.

10.6 Force Majeure

Alp Capital shall not be liable for any failure or delay in the performance of its obligations under these Terms to the extent that such failure or delay is caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, epidemics, pandemics, war, terrorism, civil unrest, labor strikes, governmental actions, internet infrastructure failures, power outages, or telecommunications disruptions.

10.7 Contact Information

For any questions, concerns, or notices regarding these Terms of Service, please contact us using the following information:

All legal notices required or permitted to be given under these Terms shall be in writing and delivered by personal delivery, certified or registered mail with return receipt requested, or by a nationally recognized overnight courier service. Notices to Alp Capital shall be sent to the address above, Attention: Legal Department. Notices to you may be sent to the email address or physical address you provide to us. Notice shall be deemed given upon receipt or three business days after mailing, whichever occurs first.