01 Acceptance of terms
By accessing Alterna or Congruentia platforms, you agree to these Terms.
02 User obligations
You agree NOT to:
- Use services unlawfully — including in violation of any applicable local, state, federal, or international law.
- Submit false data — including fraudulent contact information, impersonation, or misrepresentation.
- Attempt unauthorized system access — including hacking, credential stuffing, or bypassing authentication.
- Interfere with infrastructure — including denial-of-service attempts, scraping at abusive rates, or injecting malicious code.
03 Intellectual property
All assets are protected, including:
- AI systems — including models, prompts, and orchestration logic.
- Matching algorithms — including scoring, ranking, and recommendation logic.
- Marketing frameworks — including methodologies, playbooks, and creative templates.
- Software and UI — including source code, designs, and interface elements.
Unauthorized use is strictly prohibited.
04 Service scope & limitations
Alterna provides:
- Technology-enabled services — including platform development, automations, and integrations.
- Marketing and communication tools — including campaign management, messaging, and analytics.
We do NOT guarantee:
- Clinical outcomes.
- Business results.
- Lead conversion rates.
05 Limitation of liability
To the maximum extent permitted by law, Alterna shall NOT be liable for:
- Lost profits.
- Data loss.
- Business interruption.
- Indirect damages — including consequential, incidental, special, or punitive damages.
06 Indemnification
You agree to defend, indemnify, and hold harmless Alterna, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising from:
- Claims arising from misuse of the services or platforms.
- Violations of law by you or anyone using your account.
- Breach of these terms or any representation made under them.
07 Termination rights
We may suspend or terminate access:
- Without prior notice.
- For any violation of these Terms.
- To comply with legal obligations.
08 Governing law
These Terms are governed by the laws of:
- The Commonwealth of Puerto Rico.
- The United States of America, where applicable.
09 Dispute resolution; binding arbitration; class action waiver
This section requires you to resolve disputes with Alterna through binding individual arbitration rather than in court, and waives your right to participate in a class action. You may opt out within 30 days — see Section 9.6 below.
9.1Agreement to arbitrate
You and Alterna (“Company”) agree that any dispute, claim, or controversy arising out of or relating to:
- These Terms.
- The use of our services.
- Any communications, including SMS communications.
- Any relationship between you and the Company.
shall be resolved exclusively through final and binding arbitration, and not in a court of law. This agreement is governed by the Federal Arbitration Act (FAA).
9.2Scope of arbitration
This arbitration agreement applies to:
- Contract claims.
- Tort claims.
- Statutory claims — including TCPA-related claims.
- Any other legal theory.
It applies regardless of when the claim arises.
9.3Arbitration rules & forum
Arbitration shall be administered by:
- The American Arbitration Association (AAA), or
- Another mutually agreed arbitration provider.
In accordance with its applicable rules.
Location:
- Puerto Rico, or
- Remote/virtual arbitration (at Company's discretion).
9.4Class action waiver
You expressly agree that:
- You may bring claims only in your individual capacity.
- You waive any right to:
- Participate in a class action lawsuit.
- Participate in a class arbitration.
- Act as a class representative.
9.5Small claims exception
Notwithstanding the above:
- You may bring an individual claim in small claims court, if eligible.
- Claims must remain individual (not class-based).
9.6Opt-out right
You have the right to opt out of this arbitration agreement.
To opt out, you must send written notice within 30 days of acceptance, including:
- Full name.
- Email.
- Phone number.
- Statement requesting opt-out.
Send to: info@congruentia.org.
Failure to opt out within this period constitutes acceptance.
9.7Severability
If any portion of this clause is found unenforceable:
- The remaining provisions shall remain in full force.
- The class action waiver shall remain enforceable to the maximum extent permitted.
9.8Waiver of jury trial
You and the Company waive any right to a trial by jury in any permitted court proceeding.
9.9Limitation period
Any claim must be filed within 1 year from the date the cause of action arises. Otherwise, it is permanently barred.
10 Contact
For questions about these Terms, including arbitration opt-out requests, get in touch with our team.
Reach our legal team.
For inquiries regarding these Terms, opt-out notices, or any questions about your rights and obligations, contact us directly.
info@alternaagency.com →