Terms of Service
These terms apply to all clients who start a subscription with us.
1. Introduction
1.1 Scope and Acceptance of Terms
This Terms of Use Agreement (the “Agreement”) is a legally binding contract between M&B Studio UG (haftungsbeschränkt), a company organized under the laws of Germany, operating under the brand name "Alrdy" (“Alrdy”) and the client, whether personally or on behalf of an entity (“Client”). This Agreement governs the client's access and use of Alrdy's website (the “Website”), located at www.alrdy.de and related services offered by Alrdy.
By accessing or using the Website, the Client confirms their acceptance of these Terms of Use and agrees to be bound by them. If the Client does not agree with these terms, they should discontinue use of the Website and Services immediately. Any obligation of the Client to pay Alrdy for services rendered shall remain and continue to be an ongoing obligation owed by the Client to Alrdy.
1.2 Website Details and Ownership
Unless otherwise indicated, the Website is the proprietary property of Alrdy. This includes all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics on the Website (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”). The Content and Marks are protected by copyright and trademark laws and various other intellectual property rights laws in Germany, foreign jurisdictions, and international conventions.
The Content and Marks are provided to the Client "AS IS" for informational and personal use only. Any unauthorized use, reproduction, or dissemination of the Content and Marks is strictly prohibited.
2. Services
2.1 Description of Services
Alrdy provides an unlimited design and development service (collectively, the “Services”). These Services allow Clients to submit unlimited design or development requests to Alrdy's shared task board. Alrdy will work on these tasks sequentially - one active request at a time. Once a task is complete, the Client is required to review and approve the work. Upon approval, Alrdy will proceed to the next task. Should the Client request revisions on a task, Alrdy will implement as many revisions as required until the Client is satisfied.
2.2 Service Levels and Response Times
Alrdy strives to deliver tasks within three business days on average, although the exact timing can vary depending on the complexity of the task. Smaller tasks may be delivered faster, while larger tasks may be broken down by Alrdy for better transparency and efficiency. The objective is to provide clear communication and maintain a consistently high service level for all Clients.
2.3 Remote & Async Delivery of Services
All services are performed remotely by Alrdy's team. As part of our commitment to maintaining high service levels, Alrdy has implemented various processes and technologies designed to support effective communication, coordination, and delivery of services in a remote work environment. This set up also allows for asynchronous working conditions between the Client and Alrdy to reduce in-person meetings. Despite the remote nature of our operations, we strive to maintain a strong customer focus and timely delivery of tasks.
On rare occasions, and only if necessary, the services might be rendered at a location specified by the Client, subject to an agreement between Alrdy and the Client.
2.4 Modifications and Updates
Alrdy reserves the right to update or modify the Services at any time without prior notice. Such updates and modifications may include the addition or discontinuation of services and will be communicated to the Client accordingly.
3. Use of the Website
3.1 General Usage
The website www.alrdy.de (the "Website") is provided by M&B Studio UG (haftungsbeschränkt), trading as Alrdy. The Website is intended to facilitate the provision of Alrdy’s services to Clients. Clients may submit design and development requests, review and approve completed tasks, and communicate with Alrdy via the Website.
3.2 User Responsibilities
The Client is responsible for all activities that occur under their account, including the content of their submissions. The Client agrees to provide accurate, current, and complete information in all forms on the Website. It is also the Client's responsibility to keep their account password secure.
3.3 Unauthorized Use
The Client agrees not to engage in any activity that interferes with or disrupts the services provided through the Website. This includes, but is not limited to, distribution of malware or other harmful computer code, denial of service attacks, or any attempt to gain unauthorized access to the Website.
3.4 Legal Compliance
The Client agrees to use the Website in compliance with all applicable laws, rules, and regulations, and will not use the Website for any unlawful purposes.
4. Account Registration and Security
4.1 Account Creation
To access and use certain features of the Website, the Client must register for an account. The Client agrees to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
4.2 Account Security
The Client is responsible for maintaining the confidentiality of their account password and is solely responsible for all activities that occur under their account. If the Client becomes aware of any unauthorized use of their account or any other breach of security, they must notify Alrdy immediately.
4.3 Account Termination
Alrdy reserves the right to suspend or terminate any account if any information provided during the registration process or thereafter proves to be inaccurate, false, outdated, or incomplete.
5. Intellectual Property
5.1 Intellectual Property Rights
All materials, information, and content, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, and the look and feel of the website, displayed or used by Alrdy and M&B Studio UG (haftungsbeschränkt) on its website or delivered to clients are the property of Alrdy or its clients and are protected by German and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
5.2 Ownership of Materials
All intellectual property rights in the materials produced by Alrdy as part of the services provided to the client are transferred to the client upon full payment of the related invoice(s) and approval of the work by the client, unless otherwise explicitly stated in the agreement between Alrdy and the client.
Alrdy retains the right to display, reproduce, or distribute any work it creates for the client in Alrdy’s portfolio, on Alrdy's website, and in other marketing materials, unless otherwise specified by a Non-Disclosure Agreement (NDA) issued by the Client. However, Alrdy will not sell, license, or exploit the client’s work for commercial gain beyond the agreed fees for the service provided.
The client agrees and acknowledges that Alrdy retains all intellectual property rights in all materials, processes, methodologies, tools, and know-how developed or utilized by Alrdy in the course of providing the services, and nothing in these Terms of Use or the agreement with the client shall transfer any ownership rights in such materials, processes, methodologies, tools, and know-how.
5.3 Third-Party Fonts
Alrdy may use third-party fonts in the design of the client's materials. The client is responsible for obtaining and maintaining any necessary licenses or permissions for the use of these fonts in the client's materials beyond the scope of the work provided by Alrdy.
5.4 Client's Materials
By providing Alrdy with content or materials for the purpose of receiving the services, the client represents and warrants that they have all necessary rights to such content or materials and that such content or materials do not infringe or violate any copyright, trademark, or other intellectual property rights.
6. Payment and Pricing
6.1 Pricing Information
The pricing for our Services is subject to change at Alrdy's discretion. Existing clients will be notified of any pricing changes with a minimum of 30 days' notice. Pricing for clients on quarterly or yearly subscriptions will be locked in for the duration of their subscription period.
6.2 Payment Terms
Payments for the Services are managed by our third-party service provider, Stripe. Payment for Services must be made upfront and is automatically processed by Stripe. In the event of late or non-payments, the provision of Services will be suspended immediately until the payment issues are resolved.
6.3 Refunds
Alrdy may offer a 14-day money-back guarantee from the start of a new subscription. Should the Client choose to invoke this guarantee, they must contact Alrdy via email. Upon receipt of the request, Alrdy will refund the payment amount to the Client's original payment method within a few working days. No conditions other than contacting Alrdy need to be met to receive this refund.
If a refund is provided during this 14-day period, all materials produced by Alrdy for the Client become the sole property of Alrdy and are prohibited from being used by the Client in any way.
After the 14-day period, Alrdy does not issue refunds. Any refund requests made after the 14-day period are assessed on a case-by-case basis, and Alrdy reserves the right to deny such requests based on its own discretion, without notice or liability to the Client.
If a Client uses materials that are the property of Alrdy following a refund, Alrdy reserves the right to take appropriate legal actions against the Client for breach of this provision.
6.4 Pause and Resume of Subscriptions
Clients may pause their subscriptions at any time, provided that there are no active tasks on the board. Pausing a subscription will suspend the automatic renewal of the subscription. There are no limits on the duration or frequency of pauses.
The working days between the pause date and the original renewal date will be credited to the subscription. Once the subscription is resumed, a new renewal date will be set up depending on the unused days.
To pause and resume a subscription, the Client simply needs to write an email to members@alrdy.de.
6.5 Subscription Changes
Clients can upgrade their subscription level at any time. The new subscription rate will be applied immediately. Downgrades are not permitted, but clients can cancel their subscription at any time to prevent automatic renewal.
Note: This section outlines general terms, and specific terms may be outlined in the contractual agreement between Alrdy and the client.
7. Feedback and Submissions
Alrdy welcomes any questions, comments, suggestions or other feedback or submission ("Submission") from the Client about our services. However, any Submission received shall become the sole property of M&B Studio UG (haftungsbeschränkt) operating Alrdy. The company is under no obligation to keep a Submission confidential or to take steps necessary to ensure the confidentiality of a Submission.
M&B Studio UG (haftungsbeschränkt) will be the sole and exclusive owner of all rights related to the Submission except to the extent that rights are granted to the Client under Section 5 (“Intellectual Property”), and shall at its sole discretion use and disseminate a Submission for any lawful purpose without permission, acknowledgment, or compensation of or to the Client.
By making a Submission, the Client confirms they have the right to share the information and hereby waives all claims and recourse against M&B Studio UG (haftungsbeschränkt) for its use of the Submission in accordance with the terms hereof and in its sole discretion thereafter.
8. Confidentiality
Both the Client and M&B Studio UG (haftungsbeschränkt) operating Alrdy acknowledge that in the course of providing and using the services, each party may obtain confidential information regarding the other party's business, including, but not limited to, trade secrets, strategies, customer lists, financial information, and other proprietary information collectively referred to as "Confidential Information".
Both parties agree to maintain the confidentiality of the other party's Confidential Information and to use such information only as necessary in the course of performing their respective obligations under these Terms of Service. Each party will use the same degree of care to protect the other's Confidential Information as it uses to protect its own similar information, but in no event less than a reasonable degree of care. Confidential Information does not include information that:
- was in the public domain at the time it was disclosed or has become in the public domain through no fault of the receiving party;
- was known to the receiving party, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure;
- is disclosed with the prior written approval of the disclosing party;
- was independently developed by the receiving party without any use of the disclosing party's Confidential Information; or
- becomes known to the receiving party, without restriction, from a source other than the disclosing party without breach of these Terms of Service by the receiving party and otherwise not in violation of the disclosing party's rights.
9. Personal Data and Privacy
In the process of providing services and using the website, M&B Studio UG (haftungsbeschränkt) operating Alrdy may collect, process, and store certain personal information about the Client, such as name, email, company address, and payment information. This data collection is necessary to facilitate the operation of the services, communication with clients, processing of payments, and delivering of tasks.
The specific practices and policies regarding the collection, use, processing, and storage of personal information will be outlined in a separate Privacy Policy, which will be provided to the Client and made available on the website.
By using the website and services of Alrdy, the Client consents to the collection, use, processing, and storage of personal data as set forth in these Terms of Service and the Privacy Policy.
M&B Studio UG (haftungsbeschränkt) operating Alrdy complies with applicable data protection regulations, including the General Data Protection Regulation (GDPR) as applicable in the European Union. Clients outside of the European Union should be aware that by using Alrdy's services and website, they are consenting to the transfer of their personal data to, and its processing in, Germany.
M&B Studio UG (haftungsbeschränkt) operating Alrdy does not knowingly collect or solicit personal information from individuals under the age of 18. In accordance with the Children’s Online Privacy Protection Act and similar regulations, if we learn that we have inadvertently received personal information from an individual under age 18, we will delete that information as quickly as possible.
10. Limitation of Liability
To the fullest extent permitted by law, in no event will M&B Studio UG (haftungsbeschränkt) operating Alrdy, its directors, employees, partners, suppliers, or content providers be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages of any kind, including but not limited to damages:
- resulting from your access to, use of, or inability to access or use the services or the website;
- for any lost profits, data loss, or cost of procurement or substitute goods or services;
- for any conduct or content of any third party on the website, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties;
- for any content obtained from or through the services; or
- relating to any content, goods, or services purchased through the website.
Notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to any cause whatsoever, and regardless of the form of the action, will at all times be limited to the lesser of: (a) the amount paid by the Client to Alrdy in the one (1) month period immediately preceding the event giving rise to the claim for damages; or (b) €500.
This limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose.
11. Indemnification
Client agrees to indemnify, defend, and hold harmless Alrdy, M&B Studio UG (haftungsbeschränkt), its subsidiaries, affiliates, officers, directors, employees, agents, and representatives from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, arising out of or relating to use of the Alrdy services or the Website, violation of these Terms of Use by the Client, or violation of any rights of a third party, or any allegation thereof. Alrdy reserves the right to assume the exclusive defense and control of any matter subject to indemnification by Client, which shall not excuse Client's indemnity obligations.
12. Termination
12.1 Termination by Client
Client may terminate the agreement at any time, for any reason, by sending an email to Alrdy, indicating the intention to terminate the agreement. Termination will not end Client's obligation to pay for the service plan that was selected until the end of the subscription term (monthly, quarterly, or yearly), but it will stop the subscription from renewing.
12.2 Termination by Alrdy
Alrdy reserves the right to terminate this agreement with a 14-day notice. In the event of such termination by Alrdy, any remaining fees that the Client has prepaid for the service will be refunded on a pro-rata basis. Alrdy may terminate this agreement immediately without notice if the Client breaches any of the terms of this agreement.
13. Vacation, Holiday, Sickness Provisions
Alrdy recognizes that its team members may occasionally be unable to provide services due to vacation or sickness. In these situations, Alrdy will take the following steps to ensure transparency and fairness to the Client.
Vacation: If a team member is planning a vacation, Alrdy will inform the Client at least 14 days in advance. During the period of vacation, the Client's subscription will be automatically paused. The duration of the pause will be equivalent to the length of the vacation, and it will be added to the end of the Client's current subscription term.
Sickness: In the event of a team member's illness, Alrdy will notify the Client and automatically pause their subscription. The duration of the pause will be equivalent to the length of the illness, and it will be added to the end of the Client's current subscription term.
During the periods of pause due to vacation or sickness, Alrdy will not charge the Client, and the Client will not be entitled to receive services from Alrdy. The paused days will not be deducted from the Client's subscription term. The Client acknowledges that this provision is meant to ensure that they receive the full value of their subscription despite unavoidable circumstances affecting Alrdy's team members.
National and Local Holidays: The Client acknowledges that Alrdy operates out of the city of Berlin, Germany. As such, Alrdy observes all national holidays recognized by the German government as well as local holidays in the city of Berlin. On these days, the Client may not receive the regular Services provided by Alrdy. However, the Client's subscription will not be paused, and no days will be added to the Client's subscription duration as a result of these holidays. The Client acknowledges that these holidays are considered in the pricing of the subscription.
Alrdy is committed to maintaining its service level and will implement processes and technologies to manage the impact of these interruptions on its services. However, the Client acknowledges and agrees that the ultimate responsibility for dealing with such events rests with Alrdy and that these provisions are designed to protect the interests of both parties.
Alrdy reserves the right to modify the provisions in this section at its sole discretion and will notify the Client of any changes. All modifications will become effective on the date specified in the notice.
14. Electronic Communications, Transactions, and Signatures
By using the Services, the Client consents to receiving electronic communications from Alrdy. These may include emails, text messages, or other messages related to the Services or information about the Client's account. The Client agrees that any notices, agreements, disclosures, or other communications that Alrdy sends electronically will satisfy any legal communication requirements, including that such communications be in writing.
Additionally, the Client acknowledges and agrees that all agreements, orders, invoices, receipts, and other transactions initiated or completed by the Client or on the Client's behalf in connection with the Services are legally binding whether they are transmitted, signed, or approved electronically, or in a physical paper format.
By creating an Alrdy account, the Client accepts that electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed through the Alrdy Services have the same legal standing as that provided in a printed, paper format. Furthermore, the Client waives any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records or to payments or the granting of credits by any means other than electronic.
15. Force Majeure
M&B Studio UG (haftungsbeschränkt) and its brand Alrdy will not be deemed to be in breach of these Terms of Use or held liable for any cessation, interruption, or delay in the performance of its obligations herein if such cessation, interruption, or delay arises from any cause or causes beyond its reasonable control, including but not limited to: acts of God; war, riot, insurrection, or civil unrest; laws, proclamations, ordinances, or regulations; strikes, lockouts, or other labor disturbances; fires; floods; epidemics or pandemics; quarantines; embargoes or severe weather ("Force Majeure Events").
In the event of a Force Majeure Event, Alrdy will make every reasonable effort to minimize the disruption to the Client and resume services as soon as reasonably possible. If a Force Majeure Event occurs, Alrdy will promptly notify the Client, explaining the nature of the Force Majeure Event and its expected duration, and steps being taken to mitigate its impact.
However, in the event that such a Force Majeure Event continues for a period of more than 60 consecutive days, the Client may terminate its subscription to the services by providing written notice to Alrdy. Any fees paid in advance by the Client for services not yet rendered at the time of such termination will be refunded.
Alrdy reserves the right to modify the provisions in this section at its sole discretion and will notify the Client of any changes. All modifications will become effective on the date specified in the notice.
16. Dispute Resolution and Governing Law
Any disputes arising out of or in connection with these Terms of Use, including any questions regarding their existence, validity or termination, will be resolved amicably, in the first instance. If a dispute cannot be resolved amicably within a period of thirty (30) days, either party may seek resolution through legal action.
These Terms of Use and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Germany.
Each party irrevocably agrees that the courts of Germany will have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms of Use or its subject matter or formation (including non-contractual disputes or claims).
Nothing in these Terms of Use will prevent or restrict Alrdy from pursuing remedies, including injunctive or other equitable relief, through courts of competent jurisdiction in locations other than Germany, and the Client acknowledges that such remedies may be awarded by courts outside of Germany.
17. Modification of Terms
Alrdy (M&B Studio UG (haftungsbeschränkt)) reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms of Use at any time by posting the amended Terms on the Alrdy Website. It is the Client's responsibility to check these Terms of Use periodically for changes.
The Client will be notified of any significant changes to these Terms of Use through the email address associated with their Alrdy account, or by a notice posted on the Alrdy Website. Changes will become effective no sooner than fourteen days after they are posted or after the notification is sent. However, changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. If the Client does not agree to the modified Terms of Use for the Services, the Client should discontinue their use of the Services.
If the Client continues to use the Services after the revised Terms become effective, then they have agreed to the changes. The Client's continued use of the Services following the posting of changes will mean that the Client accepts and agrees to the changes.
18. Entire Agreement
These Terms of Use constitute the entire agreement between the Client and Alrdy (M&B Studio UG (haftungsbeschränkt)) regarding the use of the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.
No waiver of any provision of these Terms of Use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
19. Contact Information
If you have any questions or concerns about these Terms of Use, please contact us at contact@alrdy.de.
Last updated on June 13, 2023.