Terms of Service

1. Definitions

"Account" means the central Albright Apps account a User creates at albright.software. "App" means any one of Toggley, Sendly, Pulsey, or Scanley, or any successor product offered as part of the Suite. "Customer Content" means any data, text, files, configurations, recipient lists, endpoints, URLs, code, or other materials that Customer or its Users submit to or process through the Service. "End User" means any individual whose personal data is included in Customer Content or who interacts with Customer's deployment of an App (for example, an email recipient in Sendly or a person who scans a QR code in Scanley). "Order" means a subscription Customer activates for a given App at a given plan tier through albright.software/billing. "Suite" means Albright Apps collectively. "User" means an individual authorized by Customer to access the Service under Customer's Account or organization.

2. The Service

The Service consists of a central identity, account, and billing layer at albright.software, plus the following Apps:

• Toggley — a feature flag management platform. Customer creates flags and environments and evaluates them via Toggley's HTTP API.
• Sendly — a transactional and campaign email platform. Customer manages subscriber lists, composes messages, and sends them through Customer-configured or Albright Labs LLC-provided SMTP servers.
• Pulsey — a website and API uptime monitoring platform. The Service issues HTTP requests to endpoints designated by Customer and records availability and response data.
• Scanley — a QR code and short-link platform. Customer creates dynamic QR codes and short links; the Service records scan and click activity and produces analytics.

One Account unlocks all Apps. Each App is independently provisioned per organization and may be on a Free or paid plan. Subject to these Terms and Customer's then-current Order, Albright Labs LLC grants Customer a limited, non-exclusive, non-transferable, non-sublicensable, revocable right during the subscription term to access and use the Service for Customer's internal business purposes.

3. Eligibility & Accounts

The Service is intended for individuals at least 13 years old (or, where stricter, the age of digital consent in the User's country, including 16 in the European Economic Area unless a member state specifies otherwise). The Service is not directed to children under 13, and Albright Labs LLC does not knowingly collect personal data from children under 13.

Customer is responsible for keeping account credentials confidential, for all activity under the Account, and for promptly notifying Albright Labs LLC at support@albrightlabs.com of any actual or suspected unauthorized access. Albright Labs LLC may require multi-factor authentication for some or all Users.

4. Customer Content & License

As between the parties, Customer retains all right, title, and interest in and to Customer Content. Customer grants Albright Labs LLC a worldwide, non-exclusive, royalty-free license to host, store, copy, transmit, display, and process Customer Content solely as necessary to (a) provide and maintain the Service; (b) prevent or address technical or security issues; (c) generate aggregated, de-identified statistics about the Service; and (d) comply with applicable law or valid legal process.

Customer represents and warrants that it has all rights, consents, and lawful bases necessary to submit Customer Content to the Service and to authorize the processing described in these Terms. Customer is solely responsible for the accuracy, quality, legality, and appropriateness of Customer Content.

5. Acceptable Use Policy

Customer and its Users will not, and will not permit any third party to:

• Use the Service to violate applicable law or regulation, infringe any third party's intellectual property, privacy, publicity, or other rights, or transmit content that is defamatory, harassing, obscene, or sexually explicit involving minors;
• Reverse-engineer, decompile, or attempt to derive source code from the Service, except to the extent that such restriction is prohibited by law;
• Resell, sublicense, or operate a service bureau using the Service without Albright Labs LLC's prior written consent;
• Interfere with or disrupt the integrity or performance of the Service, or attempt to gain unauthorized access to the Service or its related systems;
• Use the Service to send unsolicited bulk or commercial messages in violation of the CAN-SPAM Act, CASL, GDPR, or any other anti-spam or marketing law (Sendly);
• Upload subscriber lists for which Customer lacks a lawful basis to send the messages contemplated, or that include addresses obtained through harvesting, scraping, or third-party purchase from sources that did not properly collect consent (Sendly);
• Fail to honor opt-out / unsubscribe requests promptly, or send messages that omit a functional unsubscribe mechanism or accurate sender identification (Sendly);
• Monitor any endpoint, IP address, host, or system that Customer does not own or for which Customer lacks express authorization from the owner (Pulsey);
• Use Pulsey to perform load testing, vulnerability scanning, denial-of-service activity, or any check at a frequency or volume designed to disrupt the monitored system;
• Use Scanley short links or QR codes to redirect users to phishing sites, malware, illegal content, or content the destination operator has not authorized;
• Use Toggley feature flags to gate or deliver illegal content, or to circumvent any law, regulation, or third-party agreement;
• Attempt to probe, test, or breach the security of the Service or any other customer's data; or
• Submit to the Service any sensitive data the Service is not designed to handle, including without limitation government-issued identification numbers, payment card data (other than via the Service's Stripe-integrated payment flow), protected health information subject to HIPAA, or data subject to PCI-DSS, ITAR, or similar regimes, unless the parties have separately agreed in writing to such use.

Albright Labs LLC may investigate suspected violations and may suspend or terminate access for material or repeated violations as described in Section 14.

6. Subscriptions, Fees & Billing

Paid plans are made available on a subscription basis through albright.software/billing, with payment processing performed by Stripe, Inc. By activating a paid Order, Customer authorizes Albright Labs LLC (via Stripe) to charge the designated payment method for the applicable fees, including any taxes, on a recurring basis until the subscription is canceled. Subscriptions automatically renew at the end of each billing period at the then-current rate unless Customer cancels before the renewal date.

Except as expressly stated in these Terms or required by applicable law, all fees are non-refundable, including for partial billing periods, unused time, or features Customer chooses not to use. Customer may cancel a subscription at any time through the Stripe Customer Portal accessible from albright.software/billing; cancellation takes effect at the end of the current billing period.

Albright Labs LLC may change subscription pricing or plan composition with at least thirty (30) days' notice via email to the billing contact on the Account; changes take effect at the next renewal. Failure to pay any fee when due may result in suspension or termination of the affected subscription after reasonable notice.

7. Free Plans

Albright Labs LLC may offer Free plan tiers on one or more Apps. Free plans are provided "as is" and may be modified, suspended, rate-limited, or discontinued at any time at Albright Labs LLC's sole discretion. Sections 11 (Disclaimers), 12 (Limitation of Liability), and 13 (Indemnification) apply to Free plans, and Albright Labs LLC's aggregate liability arising out of or relating to a Free plan will not exceed one hundred U.S. dollars (US$100).

8. Customer's Privacy Obligations to End Users

For any End User personal data that Customer submits to or processes through the Service (including, without limitation, subscriber data uploaded to Sendly, scan and click metadata generated through Scanley, and any IP addresses or identifiers logged by Toggley or Pulsey on Customer's behalf), Customer is the data controller (or business, as applicable) and Albright Labs LLC acts as a data processor (or service provider) on Customer's behalf. Customer represents and warrants that it has all necessary notices, consents, and lawful bases to submit such End User data and to instruct Albright Labs LLC to process it as contemplated by the Service. Albright Labs LLC's processing of End User data is further described in the Privacy Policy, which is incorporated into these Terms by reference. The parties' Data Processing Addendum governs processing of personal data subject to GDPR, UK GDPR, or comparable laws and is incorporated into these Terms when its terms apply by their own scope.

9. Confidentiality

"Confidential Information" means non-public information disclosed by one party to the other that is marked or that a reasonable person would understand to be confidential. Confidential Information does not include information that is or becomes publicly available without breach of these Terms, was independently developed without use of the disclosing party's information, or is rightfully received from a third party. Each party will use the other's Confidential Information solely to perform its obligations or exercise its rights under these Terms and will protect it with at least the same care it uses for its own similar information, but no less than reasonable care.

10. Intellectual Property; Feedback

The Service, including all software, designs, text, graphics, logos, and the "Albright Apps", "Toggley", "Sendly", "Pulsey", and "Scanley" names and marks, is owned by Albright Labs LLC or its licensors and is protected by intellectual property and other applicable laws. Except for the limited rights expressly granted in these Terms, no rights are granted to Customer. If Customer provides Albright Labs LLC with feedback, suggestions, or ideas about the Service, Albright Labs LLC may use them without restriction or obligation.

11. Disclaimers

EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ANY WARRANTY ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. ALBRIGHT LABS LLC DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT EMAIL DELIVERED THROUGH SENDLY WILL BE DELIVERED TO ANY PARTICULAR INBOX OR FOLDER, OR THAT PULSEY WILL DETECT EVERY OUTAGE OR INCIDENT. CUSTOMER IS RESPONSIBLE FOR ITS OWN BUSINESS CONTINUITY AND FOR EVALUATING WHETHER THE SERVICE MEETS ITS REQUIREMENTS.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOST DATA, OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EACH PARTY'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE FEES ACTUALLY PAID BY CUSTOMER TO ALBRIGHT LABS LLC FOR THE AFFECTED SUBSCRIPTION DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY (OR, FOR FREE PLANS, US$100 AS PROVIDED IN SECTION 7).

The foregoing limitations do not apply to (a) either party's indemnification obligations under Section 13; (b) Customer's payment obligations; (c) either party's breach of confidentiality (other than relating to Customer Content, which is addressed by the cap above); or (d) liability that cannot be limited under applicable law.

13. Indemnification

By Customer. Customer will defend, indemnify, and hold harmless Albright Labs LLC, its affiliates, and their respective officers, directors, employees, and agents from and against any third-party claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (i) Customer Content; (ii) Customer's or any User's breach of these Terms, including the Acceptable Use Policy; or (iii) Customer's violation of any applicable law in connection with the Service.

By Albright Labs LLC. Albright Labs LLC will defend Customer against any third-party claim alleging that the Service, when used by Customer in accordance with these Terms, infringes such third party's U.S. patent, copyright, or trademark, and will pay damages and costs finally awarded against Customer (or amounts in settlement approved by Albright Labs LLC). Albright Labs LLC's obligations do not apply to claims arising from (a) Customer Content; (b) modifications to the Service not made by Albright Labs LLC; (c) combinations of the Service with products, services, or data not provided by Albright Labs LLC where the claim would not have arisen but for such combination; or (d) Customer's continued allegedly infringing activity after Albright Labs LLC provides a non-infringing alternative.

Process. The indemnified party must promptly notify the indemnifying party of any claim, give the indemnifying party sole control of the defense and settlement (provided no settlement admits liability or imposes obligations on the indemnified party without consent), and provide reasonable cooperation. This Section states the indemnified party's exclusive remedy for the claims it covers.

14. Term, Suspension & Termination

These Terms commence when Customer first accepts them or accesses the Service and continue until terminated. Either party may terminate these Terms for convenience by canceling all active subscriptions and ceasing use of the Service. Albright Labs LLC may suspend or terminate the Service or any Account immediately, without liability, if Customer materially breaches these Terms (including the Acceptable Use Policy) or fails to pay any undisputed fee when due.

Upon termination: (a) all rights granted to Customer under these Terms cease immediately; (b) Customer must cease use of the Service; (c) Albright Labs LLC will, on written request received within thirty (30) days after termination, make Customer Content available for export in a commercially reasonable format; and (d) after that thirty (30) day period, Albright Labs LLC may delete Customer Content from production systems in the ordinary course, subject to retention required by applicable law and to backups in accordance with Albright Labs LLC's standard retention schedule. Sections 4 (license to processed Customer Content), 5, 8, 9, 10, 11, 12, 13, 15, and 16 survive termination.

15. Modifications

Albright Labs LLC may modify the Service at any time, including by adding, changing, or removing features. Albright Labs LLC may also modify these Terms; material changes will be communicated by email to the Account billing contact and/or through a notice in the Service at least thirty (30) days before the changes take effect, except that changes required for legal compliance or security may take effect immediately. Continued use of the Service after the effective date of a change constitutes acceptance of the modified Terms. If Customer does not accept a material change, Customer's exclusive remedy is to cancel its subscriptions and terminate use of the Service before the changes take effect.

16. Governing Law; Dispute Resolution; Venue

These Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict-of-laws principles. The parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Carbon County, Pennsylvania (with the county seat at Jim Thorpe), for any dispute arising out of or relating to these Terms or the Service that is not subject to mandatory arbitration or small-claims jurisdiction. Each party waives any right to a jury trial. Any claim must be brought within one (1) year after the cause of action arises, or it is permanently barred, except where applicable law prohibits such limitation.

17. Force Majeure

Neither party will be liable for any delay or failure in performance (other than payment obligations) caused by events beyond its reasonable control, including acts of God, war, terrorism, riots, embargoes, governmental action, fire, flood, accident, epidemic, pandemic, network or telecommunications failure, denial-of-service attack, or labor disputes.

18. General

Entire Agreement. These Terms, together with any Order, the Privacy Policy, and any Data Processing Addendum executed by the parties, constitute the entire agreement between the parties regarding the Service and supersede all prior or contemporaneous understandings on the subject.

Assignment. Customer may not assign these Terms without Albright Labs LLC's prior written consent. Albright Labs LLC may assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets. Any non-permitted assignment is void.

Severability; No Waiver. If any provision is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable and the remaining provisions will remain in full force. A party's failure to enforce any provision is not a waiver of its right to do so later.

Independent Contractors. The parties are independent contractors. These Terms do not create a partnership, joint venture, agency, or employment relationship.

Notices. Notices to Albright Labs LLC must be sent to PO Box 1537, Albrightsville, PA 18210-1537 or to support@albrightlabs.com. Notices to Customer will be sent to the email address on the Account.

Export Compliance. Customer represents that it (and any person on whose behalf it acts) is not located in, and will not access the Service from, any country subject to a U.S. government embargo, and is not on any U.S. government list of prohibited or restricted parties.

U.S. Government Users. The Service is "commercial computer software" and "commercial computer software documentation" and is licensed to U.S. government entities only with the rights set forth in these Terms.

19. Contact

Albright Labs LLC
PO Box 1537, Albrightsville, PA 18210-1537
Email: support@albrightlabs.com