Last updated: 06/06/2024.
This is an agreement between Alkemio B.V. (Alkemio, We, Us, Our), and the User (User, You or Your), setting out the general Terms of Your use (Terms) of the Platforms hosted on the alkem.io domain, including subdomains (Platform), and any of Our products or services (Products).
In the case of conflict, other tailored-made terms agreed in writing between You and Us will take precedence over the Terms in this document.
Alkemio B.V.
Contact Information
Only Users aged 16 or over may create an Account on the Platform (Account). If You are under 16, a parent or guardian must create and supervise the Account.
We warrant that We have the authority to provide Our services. If You create an Account, You are responsible for its security and all activities under it. Providing false contact information may result in account termination. You must notify Us immediately of any unauthorized use or security breaches. We are not liable for Your acts or omissions, including any resulting damages.
Because we value transparency, We may conduct compliance checks, and may suspend or cancel Your Account if deemed unsatisfactory. You warrant that You are in good legal standing and able to comply with these Terms. We may suspend, disable, or delete Your Account and discontinue services if You violate these Terms, any other agreed terms, or if Your conduct harms Our reputation.
Platform Content includes all content on the Platform (Platform Content), except for User Content as defined in the following paragraph.
All Platform Content belongs to or has been licensed by Us, unless specifically labelled otherwise. All Platform Content is protected by applicable Dutch and international intellectual property laws and treaties. Our ownership and authorship of the Platform Content (or that of identified licensors or users) must always be acknowledged. For more information on re-using Platform Content, please contact Us.
User Content includes - but is not limited to - all content provided and created by Users of the Platform (User Content). All User Content is protected by applicable Dutch and international intellectual property laws and treaties.
An Account is required for the submission of User Content to Our Platform. All User Content and communications with other Users on Our Platform must comply with the content standards set out in these Terms of Service. You warrant that you will comply with these standards. You will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of your warranty. You will be responsible for any loss or damage suffered by Us because of such a breach.
Users retain the full ownership of the copyright and all other intellectual property rights of their User Content (except for any part of any User Content which is owned by a third party, in which case, Users must obtain express permission for such material to be used in the User Content).
We are not responsible for any loss of User Content submitted to Our Platform. It is your sole responsibility to secure and backup your User Content. We may reject, reclassify, or remove any User Content from Our Platform where, in Our sole opinion, it violates Our Terms of Service. We have the right to disclose your identity to a third party if that third party claims that any User Content submitted by you infringes their intellectual property rights (including, but not limited to, copyright) or their right to privacy.
User Content is not approved or verified by Us before it is displayed on Our Platform. The opinions, views, and values expressed in User Content on Our Platform are those of the relevant Users and do not represent Our opinions, views, or values.
We do not store any terrorist content.
When you submit User Content to Our Platform, you grant Us an unconditional, non-exclusive, fully transferrable, royalty-free, perpetual, worldwide license to the extent necessary to operate Our Platform. We will only process data as described in Our privacy policy, and in the privacy and data processing section of these Terms.
If you wish to make a complaint about any User Content, please contact Us using the details provided above.
If you wish to remove Your User Content, you may do so. Please note that caching or references to Your User Content may not become unavailable immediately and may not become unavailable where outside of Our reasonable control.
When using the Platform, You agree not to:
The Platform provides spaces for collaboration (Spaces). Space Content includes - but is not limited to - all User Content provided and created by Users of the Platform within a Space (Space Content).
Each Space has a host User or Organization (Host). While the User is responsible for their User Content uploaded on the Platform, the Host of a Space is responsible for moderation/control of the User Content within that Space.
If You violate any of the above restrictions or do anything else We reasonably believe to be harmful or illegitimate We may suspend Your access to the Platform, and We may subsequently terminate these Terms. Such termination shall be without liability to You.
We may suspend, disable, or delete Your account (or any part thereof) and discontinue any access to any of Our Products, if We determine that You have violated any provision of these Terms or any other terms You have agreed to with Us, or that Your conduct or content would damage Our reputation and goodwill.
If We delete Your account for the foregoing reasons, You may not re-register for Our Products. We may block Your email address and Internet protocol address to prevent further registration.
You shall pay all fees or charges to Your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If auto-renewal is enabled for the Product You have requested, You will be charged automatically in accordance with the terms You agreed to. We reserve the right to change Products and Product pricing at any time.
We may, in Our sole discretion, limit or cancel access to Products purchased per person or entity. If We make a change to or remove a Product, We will notify You by the e-mail and/or billing address/phone number listed on the Platform or provided at the time the Product was requested.
Occasionally there may be information on the Platform that contains typographical errors, inaccuracies or omissions that may relate to promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information. We undertake no obligation to update, amend or clarify information on the Platform including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Platform should be taken to indicate that all information on the Platform or on any related Product have been modified or updated.
We will not be liable for any acts or omissions by You or any damages of any kind incurred because of such acts or omissions.
Also, We regularly back up the Platform and its Content and will do Our best to ensure completeness and accuracy. If there’s a hardware issue or data loss, we’ll automatically restore backups to minimize disruptions.
The data on the Platform can be accessed and updated through an Application Program Interface (API).
The API is currently provided on a best-endeavors basis, and We do not provide any guarantees regarding the specification or functionality of the API, which is subject to change at Our sole discretion.
If you are using Our Products via a full or partial integration of Our API you agree to be bound by these Terms, and acknowledge that Your access to Our Products and Our Platform may be limited by the functionality and capabilities of the API.
You may link to any page on Our Platform, however:
Links to other platforms may be included on Our Platform. Unless expressly stated, these platforms are not under Our control. We accept no responsibility or liability for the content of third-party platforms. The inclusion of a link to another platform on Our Platform is for information purposes only and does not imply any endorsement of that platform or of its owners, operators, or any other parties involved with it.
Using Our Platform is at Your own risk. It is provided ‘as is’ and ‘as available’.
We strive for accuracy, but the information We provide isn’t guaranteed to be correct, complete or up to date. We don’t promise any specific results, and We disclaim all warranties, including implied ones like merchantability.
To the fullest extent permitted by applicable law, in no event will We, Our affiliates, officers, directors, employees, contractors, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use or content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, fraud, negligence or otherwise, even if We have been advised as to the possibility of such damages or could have foreseen such damages.
To the extent permitted by law, Our aggregate liability for Your use of the Platform is limited to any amounts actually paid by You to Us for the Product being used. The limitations and exclusions also apply if this remedy does not fully compensate You for any losses or fails of its essential purpose.
We shall make the functionality of the Platform available to You pursuant to this agreement, and We shall use commercially reasonable efforts to always make the Platform available, except for:
The Platform has an uptime target of not less than 99.5% per month (resulting in a downtime of not more than 0.5% per month) (Service Availability). We reserve the right to schedule down time.
You may bring forth any claim of excessive downtime by submitting the details of such downtime for Our reference. We must receive such claims by the end of the calendar month, following the month in which the alleged downtime occurred. After Our investigation of such claims, should We determine We have not met the uptime requirement set forth herein, You may, as the exclusive remedy, be entitled to credit of which the issuance shall remain at Our discretion. Any credit shall only be reflected as part of any fees paid for any Product You request on the Platform. We may, at Our own sole discretion, announce additional performance targets for the Platform, and shall use commercially reasonable efforts to meet those targets. It is agreed that the additional performance targets may be amended by Us at any time and at Our sole discretion and that Our failure to meet those targets shall not entitle You to a refund of any fees paid under any agreement with Us or any Addendum.
The rights and restrictions contained in these Terms apply as long as they follow laws and won’t make these Terms illegal, invalid or unenforceable.
If a competent court decides any part or provision of these Terms is invalid, the rest of the Terms shall stand and remain in full force and effect.
These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, Dutch law.
Any dispute, controversy, proceedings, or claim between you and Us relating to these Terms and Conditions or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of The Netherlands.
The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be subject to arbitration or mediation in the Netherlands, and You shall submit to the arbitration and mediation rules of such jurisdiction.
We reserve the right to modify these Terms and any policies relating to the Platform at any time. Continued use of the Platform after any such changes shall constitute Your consent to such changes.
For detailed information about cookies and which types of cookies We use, please read Our Cookie Policy.
More information on how We process personal data is available in Our Privacy Policy.
You acknowledge that You have read these Terms and agree to all its Terms.
By using the Platform or Product requested on the Platform, You agree to be bound by the Terms.
If You do not agree to abide by the Terms, You are not authorized to use or access the Platform and any of the Products.
Should You have been invited to the Platform by one of Our clients, and wish to terminate your account at any time, including due to a disagreement with any updates to these Terms, You can reach out to Us. These Terms shall otherwise remain in effect until such client’s subscription for You terminates, or Your access to the Platform has been terminated by the client or Us.