Introduction

These Terms of Use (“Terms”) cover Your use and access to the Alpha.AI Dashboard (the “Application”). This application is owned and operated by BitPeak Ltd. (“BitPeak”). Our Privacy Policy can be found here: https://www.bitpeak.pl/privacy-policy.html, and explains how we collect and use your data. By using our Application, you’re agreeing to these Terms. In this document You and Your refer to the organization or individual that uses the Application.

Use of application

1)	BitPeak grants You the non-exclusive, non-transferable, limited right and license to install and use the Application solely and exclusively for Your organization’s use.
2)	You may not use the Application in any manner that could damage, disable, overburden, or impair the Application (or servers or networks connected to the Application), nor may You use the Application in any manner that could interfere with any other party's use and enjoyment of the Application (or servers or networks connected to the Application).
3)	You agree that you are solely responsible for, and that BitPeak has no responsibility to You or to any third party, for Your use of the Application, any breach of your obligations under the Terms of Use, or for the consequences (including any loss or damage which BitPeak may suffer) of any such breach.

Restrictions and Prohibitions

You must not:
1)	analyze, decompile, “unlock”, decode, disassemble, reverse engineer, reverse translate or attempt to discover or reconstruct any source code of the Application for any purpose, nor shall You cause a third party to do so;
2)	copy, reproduce, modify, adapt, improve, enhance, translate or create derivative works based on the Software or any accompanying materials;
3)	violate any applicable laws, rules or regulations in connection with Your use of the Application, or use the Application other than in accordance with the instructions or documentation provided by BitPeak;
4)	remove, alter or obscure any watermark or proprietary notice (including any notice of copyright or trademark) of BitPeak or its affiliates and partners;
5)	use the Software for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, product or software offered by BitPeak; or
6)	distribute, resell or permit access to the Application by any third party.
The Application may be installed on any number of accounts within your organization; licensing is only limited by your Office 365/Power BI Licensing, however the acceptance of these Terms applies to all uses of the software within your organization, which includes circumstances where it is copied to other users within your organization.

Export Restrictions

Users must not export the Software into a country that does not have copyright laws that will protect BitPeak’s proprietary right.

Termination

These Terms of Use will continue to apply until terminated by either You or BitPeak as set forth below. You may terminate these Terms of Use at any time by permanently deleting the Application from your environment in its entirety. Your rights automatically and immediately terminate without notice from BitPeak or any Third Party if you fail to comply with any provision of these Terms of Use. In such event, you must immediately delete the Application.

Indemnity

To the maximum extent permitted by law, You agree to defend, indemnify and hold harmless BitPeak, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorney fees) arising out of or accruing from your use of the Application, including Your downloading, installation, or use of the Application, or Your violation of these Terms of Use.

Disclaimer of Warranties

1)	You expressly understand and agree that Your use of the application is at Your sole discretion and risk and that the application is provided as is and as available without warranty of any kind.
2)	You are solely responsible for any damage to your Microsoft 365 environment, or other device or environment, or loss of data that results from such use.
3)	BitPeak further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement, with respect to the application.

Limitation of liability

You expressly understand and agree that BitPeak, its subsidiaries and affiliates, and its licensors are not liable to You under any theory of liability for any direct, indirect, incidental, special consequential or exemplary damages that may be incurred by You through your use of the Application, including any loss of data or damage to your Microsoft 365 or Azure environment, whether or not BitPeak or its representatives have been advised of or should have been aware of the possibility of any such losses arising.
The Application is delivered through the Microsoft Power BI platform, and utilizes standard Microsoft connectors to extract information from Microsoft Azure AD, and Microsoft SQL Server or Microsoft SQL Database. BitPeak takes no responsibility for the accuracy, integrity and confidentiality of these Microsoft connectors.
Refer to https://powerbi.microsoft.com/en-us/windows-license-terms/ for Microsoft Software License Terms for Microsoft Power BI for Windows.

Miscellaneous

1)	These Terms of Use constitute the entire Agreement between You and BitPeak relating to the Application and govern Your use of the Application, and completely replace any prior or contemporaneous agreements between You and BitPeak regarding the Application.
2)	The failure of BitPeak to exercise or enforce any right or provision of these Terms of Use does not constitute a waiver of such right or provision, which will still be available to BitPeak.
3)	If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms of Use is invalid, then that provision will be removed from the Terms of Use without affecting the rest of the Terms of Use. The remaining provisions of these Terms of Use will continue to be valid and enforceable.
4)	The rights granted in these Terms of Use may not be assigned or transferred by either you or BitPeak without the prior written approval of the other party. Neither you nor BitPeak are permitted to delegate their responsibilities or obligations under these Terms of Use without the prior written approval of the other party.
5)	These Terms of Use and your relationship with BitPeak under these Terms of Use will be governed by the laws of Poland without regard to its conflict of laws provisions.

Contact Us

If you have any questions or suggestions about our Terms of Use, do not hesitate to contact us at support@bitpeak.pl.